Smith v The Royal Bank of Scotland Plc [2021] EWCA Civ 977 (30 June 2021)

Smith v The Royal Bank of Scotland Plc [2021] EWCA Civ 977 (30 June 2021)

The Court of Appeal has no jurisdiction to impose a costs condition on an appeal from a small claims track case where CPR 27.14(2) expressly prohibits costs orders; the condition imposed by Lady Justice Asplin was ultra vires and must be set aside.

Source-derived case information.

Citation
[2021] EWCA Civ 977
Parties
Claimant/respondent: Karen Smith; Defendant/appellant: The Royal Bank of Scotland PLC
Jurisdiction
England and Wales
Judgment Date
30 June 2021
Procedural Posture
Civil Appeal / Second Appeal to the Court of Appeal From County Court
Outcome
Costs condition set aside; no order as to costs of the application.
Legal Topics
Unfair Relationship Under Consumer Credit Act 1974, Payment Protection Insurance (ppi), Costs on Appeal From Small Claims Track, Jurisdiction to Impose Costs Conditions, Transitional Provisions of Consumer Credit Act, Limitation Act 1980
Consumer Credit Civil Procedure Unfair Relationship Under Consumer Credit Act 1974 Payment Protection Insurance (ppi) Costs on Appeal From Small Claims Track Jurisdiction to Impose Costs Conditions Transitional Provisions of Consumer Credit Act Limitation Act 1980

Source-derived case record

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Parties

Karen Smith

Claimant/respondent

The Royal Bank of Scotland PLC

Defendant/appellant

Procedural Posture

Civil Appeal / Second Appeal to the Court of Appeal From County Court

Legal Issues

  1. 1 Whether the Court of Appeal has jurisdiction to impose a costs condition on an appeal from a small claims track case
  2. 2 Whether the costs condition imposed by Lady Justice Asplin was valid
  3. 3 Interpretation of CPR 27.14(2) regarding costs on appeal from small claims track

Ratio Decidendi

The Court of Appeal has no jurisdiction to impose a costs condition on an appeal from a small claims track case where CPR 27.14(2) expressly prohibits costs orders; the condition imposed by Lady Justice Asplin was ultra vires and must be set aside.

Court Disposition

Costs condition set aside; no order as to costs of the application.

Orders

  • The costs condition imposed by Lady Justice Asplin when granting permission to appeal is set aside.
  • No order as to the costs of this application.