Richard Achille v Lawn Tennis Association Services Limited

Richard Achille v Lawn Tennis Association Services Limited

'Proceedings' in CPR 44.15 refers to all claims brought by a claimant against a defendant in a single action, not just the personal injury claim. Therefore, in mixed claims where only the personal injury claim is struck out, enforcement of costs orders is governed by CPR 44.16 and requires the court's permission and discretion at the conclusion of the proceedings.

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 in Personal Injury Litigation, Costs Enforcement
Civil Procedure Personal Injury Qualified One Way Costs Shifting (qocs) Interpretation of 'proceedings' in CPR 44.15 Mixed Claims in Personal Injury Litigation Costs Enforcement

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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 meaning of 'proceedings' in CPR 44.15 for the purposes of QOCS?
  2. 2 Does CPR 44.15 allow enforcement of costs orders in mixed claims where only the personal injury claim is struck out?

Ratio Decidendi

'Proceedings' in CPR 44.15 refers to all claims brought by a claimant against a defendant in a single action, not just the personal injury claim. Therefore, in mixed claims where only the personal injury claim is struck out, enforcement of costs orders is governed by CPR 44.16 and requires the court's permission and discretion at the conclusion of the proceedings.

Court Disposition

Appeal allowed

Orders

  • The appeal is allowed; the costs order is not immediately enforceable under CPR 44.15 but subject to the court's discretion under CPR 44.16 at the conclusion of proceedings.