J P Finnegan v Spiers (t/a Frank Spiers Licensed Conveyancers) [2018] EWHC 3064 (Ch) (27 June 2018)

J P Finnegan v Spiers (t/a Frank Spiers Licensed Conveyancers) [2018] EWHC 3064 (Ch) (27 June 2018)

Where a Part 36 offer is accepted and a deemed costs order arises under CPR 44.9(1), the court does not have power under CPR 44.2(8) to order a payment on account of costs, as Part 36 is a complete code and does not provide for such a power.

Citation
[2018] EWHC 3064 (Ch)
Parties
Claimant/appellant: J P Finnegan; Defendant/respondent: Frank Spiers t/a Frank Spiers Licensed Conveyancers
Jurisdiction
England and Wales
Judgment Date
27 June 2018
Procedural Posture
Appeal / Judgment on Appeal From District Judge Kelly's Order
Outcome
Appeal dismissed
Legal Topics
Part 36 Offers, Interim Payment on Account of Costs, Deemed Costs Orders, Court's Discretion as to Costs
Civil Procedure Costs Part 36 Offers Interim Payment on Account of Costs Deemed Costs Orders Court's Discretion as to Costs

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Parties

J P Finnegan

Claimant/appellant

Frank Spiers t/a Frank Spiers Licensed Conveyancers

Defendant/respondent

Procedural Posture

Appeal / Judgment on Appeal From District Judge Kelly's Order

Legal Issues

  1. 1 Whether the court has power to order a payment on account of costs where a Part 36 offer has been accepted and a deemed costs order arises under CPR 44.9(1)

Ratio Decidendi

Where a Part 36 offer is accepted and a deemed costs order arises under CPR 44.9(1), the court does not have power under CPR 44.2(8) to order a payment on account of costs, as Part 36 is a complete code and does not provide for such a power.

Court Disposition

Appeal dismissed

Orders

  • No order for payment on account of costs following acceptance of Part 36 offer