Horler v Rubin & Ors (Rev1) [2019] EWHC 2487 (Ch) (23 September 2019)

Horler v Rubin & Ors (Rev1) [2019] EWHC 2487 (Ch) (23 September 2019)

Defendants succeeded and are entitled to costs now, subject to detailed assessment. No special circumstances or inability to pay established to justify a stay of execution beyond a brief extension for application to the Court of Appeal. Late disclosure did not affect outcome or costs liability. No 'liberty to apply' provision warranted.

Citation
[2019] EWHC 2487 (Ch)
Parties
Claimant: Daniel Thomas Brian Horler; Defendant: David Rubin; Defendant: David Rubin & Partners; Defendant: David Rubin & Company
Jurisdiction
England and Wales
Judgment Date
23 September 2019
Procedural Posture
Civil Claim (chancery Division) / Judgment on Costs and Stay Following Dismissal of Claim
Outcome
Claim dismissed; costs awarded to defendants; application for stay largely dismissed.
Legal Topics
Costs, Stay of Execution, Fraud Allegation, Disclosure, CPR Rule 52.30, CPR Rule 83.7, CPR Rule 3.1(2)
Civil Procedure Insolvency Costs Stay of Execution Fraud Allegation Disclosure CPR Rule 52.30 CPR Rule 83.7 +1 more

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Parties

Daniel Thomas Brian Horler

Claimant

David Rubin

Defendant

David Rubin & Partners

Defendant

David Rubin & Company

Defendant

Procedural Posture

Civil Claim (chancery Division) / Judgment on Costs and Stay Following Dismissal of Claim

Legal Issues

  1. 1 Whether costs should be determined now or deferred pending a proposed application to the Court of Appeal under CPR rule 52.30
  2. 2 Whether a stay of execution should be granted pending the proposed application
  3. 3 Whether late disclosure of notes should affect costs liability

Ratio Decidendi

Defendants succeeded and are entitled to costs now, subject to detailed assessment. No special circumstances or inability to pay established to justify a stay of execution beyond a brief extension for application to the Court of Appeal. Late disclosure did not affect outcome or costs liability. No 'liberty to apply' provision warranted.

Court Disposition

Claim dismissed; costs awarded to defendants; application for stay largely dismissed.

Orders

  • Defendants awarded costs of proceedings, subject to detailed assessment on the standard basis.
  • Claimant ordered to pay £120,000 on account of costs by 11 October 2019.