Ho v Adelekun [2020] EWCA Civ 517 (09 April 2020)

Ho v Adelekun [2020] EWCA Civ 517 (09 April 2020)

The Court of Appeal is bound by its previous decision in Howe v Motor Insurers' Bureau, which holds that the court has jurisdiction under CPR 44.12 to order set-off of costs in a QOCS case. The QOCS regime does not preclude such set-off, and there is no basis to treat Howe as per incuriam. Therefore, set-off of costs is permissible and appropriate in this case.

Citation
[2020] EWCA Civ 517
Parties
Appellant (defendant): Mrs Siu Lai Ho; Respondent (claimant): Miss Seyi Adelekun
Jurisdiction
England and Wales
Judgment Date
09 April 2020
Procedural Posture
Civil Appeal (costs) / Court of Appeal Judgment on Costs Issues Following Substantive Appeal
Outcome
Appeal on costs allowed; set-off of costs ordered; respondent to pay appellant's costs of the application before Deputy District Judge Harvey.
Legal Topics
Qualified One Way Costs Shifting (qocs), Costs Set Off, Fixed Costs Regime, Interpretation of CPR Part 44, Precedent and Per Incuriam Doctrine
Civil Procedure Personal Injury Qualified One Way Costs Shifting (qocs) Costs Set Off Fixed Costs Regime Interpretation of CPR Part 44 Precedent and Per Incuriam Doctrine

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 25 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Mrs Siu Lai Ho

Appellant (defendant)

Miss Seyi Adelekun

Respondent (claimant)

Procedural Posture

Civil Appeal (costs) / Court of Appeal Judgment on Costs Issues Following Substantive Appeal

Legal Issues

  1. 1 Whether the court has jurisdiction to order set-off of costs in a QOCS case under CPR 44.12
  2. 2 Whether costs set-off is compatible with the QOCS regime under CPR 44.14
  3. 3 Whether the respondent should pay the appellant's costs of the hearing before Deputy District Judge Harvey

Ratio Decidendi

The Court of Appeal is bound by its previous decision in Howe v Motor Insurers' Bureau, which holds that the court has jurisdiction under CPR 44.12 to order set-off of costs in a QOCS case. The QOCS regime does not preclude such set-off, and there is no basis to treat Howe as per incuriam. Therefore, set-off of costs is permissible and appropriate in this case.

Court Disposition

Appeal on costs allowed; set-off of costs ordered; respondent to pay appellant's costs of the application before Deputy District Judge Harvey.

Orders

  • Appellant permitted to set off costs due to her under the Court of Appeal order against her liability to the respondent for the costs of the claim.
  • Respondent to pay appellant's costs of the hearing before Deputy District Judge Harvey.