IPE Marble Arch Ltd v Moran [2024] EWHC 2913 (KB) (15 November 2024)
Voluntary bill proceedings are a criminal cause for the purposes of section 51(5) of the Senior Courts Act 1981; absent exceptional circumstances, the criminal costs regime applies and the High Court has no power to make the costs order sought.
- Citation
- [2024] EWHC 2913 (KB)
- Parties
- Prosecution: IPE Marble Arch Limited; Defendant: Anthony Moran
- Jurisdiction
- England and Wales
- Judgment Date
- 15 November 2024
- Procedural Posture
- Application for Costs Following Dismissal of Voluntary Bill of Indictment / Post Judgment Costs Hearing
- Outcome
- Application for costs dismissed
- Legal Topics
- Costs, Voluntary Bill of Indictment, Jurisdiction, Civil Vs Criminal Costs Regime
Case Brief
Summary, issues, holding and outcome
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Parties
IPE Marble Arch Limited
Prosecution
Anthony Moran
Defendant
Procedural Posture
Application for Costs Following Dismissal of Voluntary Bill of Indictment / Post Judgment Costs Hearing
Legal Issues
- 1 Whether the High Court has jurisdiction to award costs in voluntary bill proceedings under the Civil Procedure Rules or its inherent power
- 2 Whether voluntary bill proceedings are a 'criminal cause' for the purposes of section 51(5) Senior Courts Act 1981
- 3 Whether exceptional circumstances exist to apply the civil costs regime
Ratio Decidendi
Voluntary bill proceedings are a criminal cause for the purposes of section 51(5) of the Senior Courts Act 1981; absent exceptional circumstances, the criminal costs regime applies and the High Court has no power to make the costs order sought.
Court Disposition
Application for costs dismissed
Full Case Text
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