Electricity Supply Nominees Ltd v Farrell & Ors [1997] EWCA Civ 910 (3rd February, 1997)

Electricity Supply Nominees Ltd v Farrell & Ors [1997] EWCA Civ 910 (3rd February, 1997)

The High Court retains jurisdiction to resolve disputes regarding interest on costs after a consent order and stay; under the Judgments Act 1838, interest on costs runs from the date of the consent order, not from the date of the taxing master's certificate, unless the parties clearly agree otherwise.

Citation
[1997] EWCA Civ 910
Parties
Plaintiff/appellant: Electricity Supply Nominees Ltd; First Defendant/respondent: Terence Farrell; Second Defendant/respondent: Nicholas T Grimshaw; Third Defendant/respondent: Nicholas Grimshaw & Partners; Fourth Defendant/respondent: Brian P Taggart
Jurisdiction
England and Wales
Procedural Posture
Civil Appeal / Appeal From Order of Judge Bowsher QC (official Referee)
Outcome
Appeal allowed
Legal Topics
Interest on Costs, Jurisdiction After Consent Order, Construction of Consent Orders
Civil Procedure Costs Interest on Costs Jurisdiction After Consent Order Construction of Consent Orders

Case Brief

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Parties

Electricity Supply Nominees Ltd

Plaintiff/appellant

Terence Farrell

First Defendant/respondent

Nicholas T Grimshaw

Second Defendant/respondent

Nicholas Grimshaw & Partners

Third Defendant/respondent

Brian P Taggart

Fourth Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From Order of Judge Bowsher QC (official Referee)

Legal Issues

  1. 1 Whether the High Court retained jurisdiction to make orders regarding interest on costs after a consent order and stay of proceedings; whether interest on costs under the Judgments Act 1838 runs from the date of the consent order or from the date of the taxing master's certificate.

Ratio Decidendi

The High Court retains jurisdiction to resolve disputes regarding interest on costs after a consent order and stay; under the Judgments Act 1838, interest on costs runs from the date of the consent order, not from the date of the taxing master's certificate, unless the parties clearly agree otherwise.

Court Disposition

Appeal allowed

Orders

  • Judge Bowsher had jurisdiction to resolve the issues regarding interest on costs.
  • Interest on costs under the Judgments Act 1838 runs from the date of the consent order.