Loson & Anor v Brett Stack & Anor

Loson & Anor v Brett Stack & Anor

The district judge correctly exercised her discretion under CPR 46.2 in making a non-party costs order against Mr Emezie, who was found to be the controlling mind and driving force behind the litigation. Legal professional privilege did not preclude the order, and there was no error in making the order prior to costs assessment. No grounds of appeal had a real prospect of success.

Parties
Claimant: Ms Loson; Applicant/co Claimant: Mr Emezie; First Defendant: Newlyns; Second Defendant: Mr Brett Stack
Jurisdiction
England and Wales
Judgment Date
27 April 2016
Procedural Posture
Civil / Application for Permission to Appeal (renewed Oral Hearing)
Outcome
Application for permission to appeal refused
Legal Topics
Non Party Costs Orders, Legal Professional Privilege, Civil Procedure Rule 46.2, Costs Assessment
Civil Procedure Costs Non Party Costs Orders Legal Professional Privilege Civil Procedure Rule 46.2 Costs Assessment

Case Brief

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Parties

Ms Loson

Claimant

Mr Emezie

Applicant/co Claimant

Newlyns

First Defendant

Mr Brett Stack

Second Defendant

Procedural Posture

Civil / Application for Permission to Appeal (renewed Oral Hearing)

Legal Issues

  1. 1 Whether the district judge erred in making a non-party costs order against Mr Emezie under CPR 46.2
  2. 2 Whether legal professional privilege between Mr Emezie and Ms Loson precluded the costs order
  3. 3 Whether the timing of the non-party costs order was improper prior to assessment of costs

Ratio Decidendi

The district judge correctly exercised her discretion under CPR 46.2 in making a non-party costs order against Mr Emezie, who was found to be the controlling mind and driving force behind the litigation. Legal professional privilege did not preclude the order, and there was no error in making the order prior to costs assessment. No grounds of appeal had a real prospect of success.

Court Disposition

Application for permission to appeal refused

Orders

  • Permission to appeal refused
  • Costs order against Mr Emezie stands