Johnson v Bank of Scotland Plc [2023] EWHC 169 (Ch) (30 January 2023)

Johnson v Bank of Scotland Plc [2023] EWHC 169 (Ch) (30 January 2023)

The claimant failed to demonstrate that provision of a transcript of the whole hearing at public expense was necessary in the interests of justice; the judgment transcript alone suffices for the appeal, and the claimant's reasons were unsubstantiated, vague, or irrelevant.

Citation
[2023] EWHC 169 (Ch)
Parties
Claimant/appellant: Tom Johnson; Defendant/respondent: Bank of Scotland PLC
Jurisdiction
England and Wales
Judgment Date
30 January 2023
Procedural Posture
Chancery Appeal / Application for Transcript at Public Expense Pending Permission to Appeal
Outcome
Application for transcript of whole hearing at public expense refused; judgment transcript at public expense already ordered.
Legal Topics
Transcripts at Public Expense, Appeals, Striking Out Claims, Fee Remission, Interests of Justice, Costs Capping
Civil Procedure Banking Law Transcripts at Public Expense Appeals Striking Out Claims Fee Remission Interests of Justice Costs Capping

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Parties

Tom Johnson

Claimant/appellant

Bank of Scotland PLC

Defendant/respondent

Procedural Posture

Chancery Appeal / Application for Transcript at Public Expense Pending Permission to Appeal

Legal Issues

  1. 1 Whether a transcript of the whole hearing should be provided at public expense under CPR 52.14 for the purposes of an appeal
  2. 2 Whether the claimant's circumstances justify such an order

Ratio Decidendi

The claimant failed to demonstrate that provision of a transcript of the whole hearing at public expense was necessary in the interests of justice; the judgment transcript alone suffices for the appeal, and the claimant's reasons were unsubstantiated, vague, or irrelevant.

Court Disposition

Application for transcript of whole hearing at public expense refused; judgment transcript at public expense already ordered.

Orders

  • Claimant to proceed with obtaining judgment transcript at public expense.
  • If claimant wishes to commission full transcript privately, it must be lodged by 4 pm on 27 February 2023.