Achille v Lawn Tennis Association Services Ltd [2022] EWCA Civ 1407 (27 October 2022)

Achille v Lawn Tennis Association Services Ltd [2022] EWCA Civ 1407 (27 October 2022)

In mixed claims, 'proceedings' in CPR 44.15 refers to the entirety of the claims brought by a claimant against a defendant in a single action. Costs orders made when only the personal injury claim is struck out cannot be enforced to their full extent under CPR 44.15 until the entire proceedings are concluded; enforcement is governed by CPR 44.16, requiring court permission.

Citation
[2022] EWCA Civ 1407
Parties
Claimant/appellant: Richard Achille; Defendant/respondent: Lawn Tennis Association Services Limited
Jurisdiction
England and Wales
Judgment Date
27 October 2022
Procedural Posture
Civil Appeal / Appeal From Birmingham County Court to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Qualified One Way Costs Shifting (qocs), Interpretation of 'proceedings' in CPR 44.15, Mixed Claims (personal Injury and Non Personal Injury), Costs Enforcement
Civil Procedure Personal Injury Qualified One Way Costs Shifting (qocs) Interpretation of 'proceedings' in CPR 44.15 Mixed Claims (personal Injury and Non Personal Injury) Costs Enforcement

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 3 Authorities cited 10 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Richard Achille

Claimant/appellant

Lawn Tennis Association Services Limited

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From Birmingham County Court to Court of Appeal

Legal Issues

  1. 1 What is the correct interpretation of 'proceedings' in CPR 44.15 for the purposes of QOCS in mixed claims?
  2. 2 Does CPR 44.15 permit enforcement of costs orders against a claimant when only the personal injury claim is struck out but other claims remain?

Ratio Decidendi

In mixed claims, 'proceedings' in CPR 44.15 refers to the entirety of the claims brought by a claimant against a defendant in a single action. Costs orders made when only the personal injury claim is struck out cannot be enforced to their full extent under CPR 44.15 until the entire proceedings are concluded; enforcement is governed by CPR 44.16, requiring court permission.

Court Disposition

Appeal allowed

Orders

  • The appeal is allowed; the costs order is not presently enforceable to its full extent under CPR 44.15.
  • Enforcement of the costs order must await the conclusion of all proceedings and be considered under CPR 44.16.