RAYMOND CLEWER v HIGGS & SONS (A FIRM)

RAYMOND CLEWER v HIGGS & SONS (A FIRM)

There is no compelling reason to require payment of the outstanding costs orders as a condition for pursuit of the appeal, as enforcement against substantial equity in the property is possible and no unusual practical difficulties are anticipated.

Parties
Claimant/appellant: Raymond Clewer; Defendants/respondents: Higgs & Sons (A Firm)
Jurisdiction
England and Wales
Judgment Date
16 June 2022
Procedural Posture
Professional Negligence / Application for Condition on Permission to Appeal
Outcome
Application for condition on appeal adjourned; costs order made against claimant.
Legal Topics
Costs Orders, Appeal Conditions, Enforcement of Judgments
Civil Procedure Professional Negligence Costs Orders Appeal Conditions Enforcement of Judgments

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Parties

Raymond Clewer

Claimant/appellant

Higgs & Sons (A Firm)

Defendants/respondents

Procedural Posture

Professional Negligence / Application for Condition on Permission to Appeal

Legal Issues

  1. 1 Whether payment of outstanding costs orders should be a condition for pursuing appeal
  2. 2 Whether there is a compelling reason under CPR 52.18 to impose such a condition

Ratio Decidendi

There is no compelling reason to require payment of the outstanding costs orders as a condition for pursuit of the appeal, as enforcement against substantial equity in the property is possible and no unusual practical difficulties are anticipated.

Court Disposition

Application for condition on appeal adjourned; costs order made against claimant.

Orders

  • Application adjourned generally with liberty to restore.
  • Claimant to make a witness statement within fourteen days confirming factual matters and providing details of property equity.