Roadrunner Properties Ltd & Anor v Dean & Anor [2004] EWCA Civ 376 (17 March 2004)

The application to amend the perfected order fails because the matters sought to be added (interest and specific costs provisions) were not raised or determined at the time the order was made, and CPR 40.12 does not permit substantive amendments to reflect issues not previously addressed.

Citation: [2004] EWCA Civ 376
Parties: Claimant/applicant: 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 (cpr 40.12), Costs, Interest on Judgment, Litigant in Person (cpr 48.6), Party Wall Act

Civil Procedure Property Law Slip Rule (cpr 40.12) Costs Interest on Judgment Litigant in Person (cpr 48.6) Party Wall Act

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Parties

Roadrunner Properties Ltd

Claimant/applicant

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 Whether the perfected order should be amended under CPR 40.12 to include interest and specific costs provisions
2 Whether the claimant company qualifies as a litigant in person under CPR 48.6 for costs purposes

Ratio Decidendi

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