Daly v Eversley School & Ors

Daly v Eversley School & Ors

There was a satisfactory explanation for the difference in costs estimates, no evidence of reliance by the applicant, and no misconduct by the defendants. The threshold for a second appeal was not met.

Parties
Appellant: Daly; Respondent: Eversley School & Ors
Jurisdiction
England and Wales
Judgment Date
04 September 2007
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal (second Appeal)
Outcome
application refused
Legal Topics
Costs Assessment, Costs Estimates, Misconduct in Proceedings, Appeal Thresholds
Civil Procedure Costs Costs Assessment Costs Estimates Misconduct in Proceedings Appeal Thresholds

Case Brief

Summary, issues, holding and outcome

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Parties

Daly

Appellant

Eversley School & Ors

Respondent

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal (second Appeal)

Legal Issues

  1. 1 Whether the court should grant permission for a second appeal regarding costs assessment and alleged misconduct
  2. 2 Whether the costs estimates provided by the defendants should bind the recoverable costs
  3. 3 Whether alleged misconduct by the defendants warranted a reduction in costs

Ratio Decidendi

There was a satisfactory explanation for the difference in costs estimates, no evidence of reliance by the applicant, and no misconduct by the defendants. The threshold for a second appeal was not met.

Court Disposition

application refused

Orders

  • renewed application for permission to appeal dismissed