Cartwright v Venduct Engineering Ltd [2018] EWCA Civ 1654 (17 July 2018)

Cartwright v Venduct Engineering Ltd [2018] EWCA Civ 1654 (17 July 2018)

A defendant may enforce a costs order against a claimant out of sums payable by another defendant under QOWCS, but only where those sums are payable pursuant to a court order for damages and interest; sums payable under a Tomlin order are not covered by r.44.14(1) and cannot be used for enforcement.

Citation
[2018] EWCA Civ 1654
Parties
Claimant / Respondent: Jeffrey Cartwright; Defendant / Appellant: Venduct Engineering Limited
Jurisdiction
England and Wales
Judgment Date
17 July 2018
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Qualified One Way Costs Shifting (qowcs), Costs Orders, Tomlin Orders, Multi Defendant Proceedings
Civil Procedure Personal Injury Qualified One Way Costs Shifting (qowcs) Costs Orders Tomlin Orders Multi Defendant Proceedings

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Parties

Jeffrey Cartwright

Claimant / Respondent

Venduct Engineering Limited

Defendant / Appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Can a defendant enforce a costs order against a claimant out of sums payable by another defendant under QOWCS?
  2. 2 Does enforcement under QOWCS extend to sums payable by way of a Tomlin order rather than a court order for damages and interest?

Ratio Decidendi

A defendant may enforce a costs order against a claimant out of sums payable by another defendant under QOWCS, but only where those sums are payable pursuant to a court order for damages and interest; sums payable under a Tomlin order are not covered by r.44.14(1) and cannot be used for enforcement.

Court Disposition

Appeal dismissed

Orders

  • Venduct's appeal dismissed
  • Respondent's notice dismissed