Cintec International Ltd v Parkes

Cintec International Ltd v Parkes

The certificate for £90,000 was properly granted as the stay was not complied with, and the right to enforce the costs order arose after 11th December 2003; fresh evidence was not admitted due to lack of diligence and insufficient impact on the outcome.

Parties
Claimant/respondent: Cintec International Limited; Defendant/appellant: John H. Parkes
Jurisdiction
England and Wales
Judgment Date
17 February 2010
Procedural Posture
Application for Permission to Appeal / Ruling on Permission to Appeal
Outcome
permission to appeal refused
Legal Topics
Certificate of Costs, Interim Payment, Stay of Execution, Admission of Fresh Evidence
Civil Procedure Costs Certificate of Costs Interim Payment Stay of Execution Admission of Fresh Evidence

Case Brief

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Parties

Cintec International Limited

Claimant/respondent

John H. Parkes

Defendant/appellant

Procedural Posture

Application for Permission to Appeal / Ruling on Permission to Appeal

Legal Issues

  1. 1 Whether the certificate for £90,000 pursuant to para.9 of the order of 16th October 2003 was properly granted
  2. 2 Whether the stay on the interim payment order was still applicable
  3. 3 Whether fresh evidence should be admitted on appeal

Ratio Decidendi

The certificate for £90,000 was properly granted as the stay was not complied with, and the right to enforce the costs order arose after 11th December 2003; fresh evidence was not admitted due to lack of diligence and insufficient impact on the outcome.

Court Disposition

permission to appeal refused

Orders

  • Master Bragge's order of 19th May 2009 stands