Roadrunner Properties Ltd & Anor v Dean & Anor

Roadrunner Properties Ltd & Anor v Dean & Anor

The application was dismissed because the matters sought to be included (interest and litigant in person costs) were not raised before the order was perfected and do not fall within the scope of the slip rule (CPR 40.12).

Parties
Claimant/appellant: Roadrunner Properties Ltd; Defendant/respondent: John Dean; Defendant/respondent: Suffolk and Essex Joinery Limited
Jurisdiction
England and Wales
Judgment Date
17 March 2004
Procedural Posture
Civil Appeal / Application to Amend Perfected Order Under CPR 40.12
Outcome
Application dismissed
Legal Topics
Slip Rule, Costs, Interest on Judgment, Litigant in Person
Civil Procedure Slip Rule Costs Interest on Judgment Litigant in Person

Case Brief

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Parties

Roadrunner Properties Ltd

Claimant/appellant

John Dean

Defendant/respondent

Suffolk and Essex Joinery Limited

Defendant/respondent

Procedural Posture

Civil Appeal / Application to Amend Perfected Order Under CPR 40.12

Legal Issues

  1. 1 Whether the perfected order should be amended under CPR 40.12 to include interest and specific costs provisions
  2. 2 Whether a company with solicitors on record can be treated as a litigant in person for costs purposes

Ratio Decidendi

The application was dismissed because the matters sought to be included (interest and litigant in person costs) were not raised before the order was perfected and do not fall within the scope of the slip rule (CPR 40.12).

Court Disposition

Application dismissed

Orders

  • Application under CPR 40.12 dismissed
  • Applicant to pay respondents' costs of £933.50, to be set off against any other costs