Cartwright v Venduct Engineering Ltd

Cartwright v Venduct Engineering Ltd

A defendant can, in principle, enforce a costs order against a claimant out of sums payable by another defendant under QOWCS, but only if those sums are payable by way of a court order for damages and interest. Sums payable under a Tomlin order do not qualify as such and are excluded from r.44.14(1).

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 on Appeal From Regional Costs Judge
Outcome
Appeal dismissed; respondent's notice dismissed.
Legal Topics
Qualified One Way Costs Shifting (qowcs), Costs Orders, Tomlin Orders, Multi Defendant Proceedings, Enforcement of Costs
Civil Procedure Personal Injury Qualified One Way Costs Shifting (qowcs) Costs Orders Tomlin Orders Multi Defendant Proceedings Enforcement of Costs

Case Brief

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Parties

Jeffrey Cartwright

Claimant / Respondent

Venduct Engineering Limited

Defendant / Appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeal From Regional Costs Judge

Legal Issues

  1. 1 Whether a defendant can enforce a costs order out of sums payable to the claimant by another defendant under QOWCS
  2. 2 Whether enforcement is possible if sums are payable by way of a Tomlin order rather than a direct court order for damages and interest

Ratio Decidendi

A defendant can, in principle, enforce a costs order against a claimant out of sums payable by another defendant under QOWCS, but only if those sums are payable by way of a court order for damages and interest. Sums payable under a Tomlin order do not qualify as such and are excluded from r.44.14(1).

Court Disposition

Appeal dismissed; respondent's notice dismissed.

Orders

  • Costs Judge's decision upheld: QOWCS regime applies to multi-defendant cases; sums payable under Tomlin order not covered by r.44.14(1).