The Public Services Ombudsman for Wales v Heesom

The Public Services Ombudsman for Wales v Heesom

The costs assessment proceedings should have been filed in the Cardiff District Registry, not the SCCO, as the substantive claim was transferred and managed there. The Master erred in law in his construction of the relevant CPR provisions and in his approach to the local interest in the costs proceedings. The interim costs certificate was within the Master's discretion and not obviously excessive. The extension of time for appeal was granted as the delay was neither serious nor significant and caused no prejudice.

Parties
Appellant/paying Party: The Public Services Ombudsman for Wales; Respondent/receiving Party: Patrick Heesom
Jurisdiction
England and Wales
Judgment Date
22 October 2015
Procedural Posture
Costs Appeal (venue and Interim Certificate) From the Senior Courts Costs Office / High Court (queen's Bench Division) Appellate Judgment
Outcome
Appeal allowed in part (venue); appeal refused (interim costs certificate); extension of time granted
Legal Topics
Venue of Costs Assessment, Extension of Time for Appeal, Interim Costs Certificate, Case Management Discretion
Civil Procedure Costs Law Administrative Law Venue of Costs Assessment Extension of Time for Appeal Interim Costs Certificate Case Management Discretion

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Parties

The Public Services Ombudsman for Wales

Appellant/paying Party

Patrick Heesom

Respondent/receiving Party

Procedural Posture

Costs Appeal (venue and Interim Certificate) From the Senior Courts Costs Office / High Court (queen's Bench Division) Appellate Judgment

Legal Issues

  1. 1 Whether the costs assessment proceedings were correctly filed in the Senior Courts Costs Office or should have been filed in the Cardiff District Registry
  2. 2 Whether an extension of time for filing the appellant's notice should be granted
  3. 3 Whether the Master erred in refusing to transfer the assessment to Cardiff or direct the hearing in Wales

Ratio Decidendi

The costs assessment proceedings should have been filed in the Cardiff District Registry, not the SCCO, as the substantive claim was transferred and managed there. The Master erred in law in his construction of the relevant CPR provisions and in his approach to the local interest in the costs proceedings. The interim costs certificate was within the Master's discretion and not obviously excessive. The extension of time for appeal was granted as the delay was neither serious nor significant and caused no prejudice.

Court Disposition

Appeal allowed in part (venue); appeal refused (interim costs certificate); extension of time granted

Orders

  • Costs assessment proceedings to be dealt with in Cardiff District Registry
  • No order for costs below; each party to bear own costs for proceedings before the Master