NRAM Ltd v Evans & Anor (Order)

NRAM Ltd v Evans & Anor (Order)

The application for a stay was totally without merit and the general rule on costs applies; summary assessment of costs is appropriate in this case.

Parties
Claimant/respondent: NRAM Limited; Defendant/appellant: Paul Evans; Defendant/appellant: Susannah Evans
Jurisdiction
England and Wales
Judgment Date
21 December 2020
Procedural Posture
Civil Appeal / Post Application for Stay; Costs Determination
Outcome
Application for stay dismissed as totally without merit; costs awarded to respondent; temporary stay of costs order refused.
Legal Topics
Stay of Proceedings, Costs, Summary Assessment of Costs
Civil Procedure Stay of Proceedings Costs Summary Assessment of Costs

Case Brief

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Parties

NRAM Limited

Claimant/respondent

Paul Evans

Defendant/appellant

Susannah Evans

Defendant/appellant

Procedural Posture

Civil Appeal / Post Application for Stay; Costs Determination

Legal Issues

  1. 1 Whether the application for a stay should be dismissed as totally without merit
  2. 2 Whether costs should be awarded to the respondent
  3. 3 Whether costs should be summarily assessed

Ratio Decidendi

The application for a stay was totally without merit and the general rule on costs applies; summary assessment of costs is appropriate in this case.

Court Disposition

Application for stay dismissed as totally without merit; costs awarded to respondent; temporary stay of costs order refused.

Orders

  • Application for stay dismissed as totally without merit
  • Mr and Mrs Evans to pay NRAM’s costs of the application, assessed at £8,000 plus VAT, by 4pm on 22 January 2021