Ho v Adelekun

Ho v Adelekun

The Court of Appeal is bound by its previous decision in Howe v Motor Insurers’ Bureau, which held that the court has jurisdiction under CPR 44.12 to order set-off of costs in QOCS cases. There is no basis to treat Howe as per incuriam. Therefore, the appellant is entitled to set off her costs against her liability for the respondent’s costs. The Deputy District Judge erred in not awarding the appellant her costs for the earlier hearing, as the Tomlin order’s wording was not a proper basis for departing from the general rule that costs follow the event.

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 / Appeal From County Court Decision; Determination of Costs and Set Off Issues
Outcome
Appeal allowed on costs issues; set-off of costs ordered; appellant awarded costs of earlier hearing.
Legal Topics
Qualified One Way Costs Shifting (qocs), Costs Orders, Set Off of Costs, Civil Procedure Rules (cpr)
Civil Procedure Personal Injury Qualified One Way Costs Shifting (qocs) Costs Orders Set Off of Costs Civil Procedure Rules (cpr)

Case Brief

Summary, issues, holding and outcome

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Parties

Mrs Siu Lai Ho

Appellant (defendant)

Miss Seyi Adelekun

Respondent (claimant)

Procedural Posture

Civil Appeal / Appeal From County Court Decision; Determination of Costs and Set Off Issues

Legal Issues

  1. 1 Whether the court has jurisdiction to order set-off of costs in QOCS cases under CPR 44.12 and 44.14
  2. 2 Whether set-off of costs is compatible with the QOCS regime
  3. 3 Whether the appellant should be awarded 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 held that the court has jurisdiction under CPR 44.12 to order set-off of costs in QOCS cases. There is no basis to treat Howe as per incuriam. Therefore, the appellant is entitled to set off her costs against her liability for the respondent’s costs. The Deputy District Judge erred in not awarding the appellant her costs for the earlier hearing, as the Tomlin order’s wording was not a proper basis for departing from the general rule that costs follow the event.

Court Disposition

Appeal allowed on costs issues; set-off of costs ordered; appellant awarded costs of earlier hearing.

Orders

  • Appellant may 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 the appellant’s costs of the application before Deputy District Judge Harvey.