Horler v Rubin & Ors (Rev1)

Horler v Rubin & Ors (Rev1)

The defendants, having succeeded in the proceedings, are entitled to their costs to be assessed on the standard basis. There is no justification for deferring the costs determination or depriving the defendants of costs due to late disclosure, as the notes were not determinative and earlier disclosure would not have changed the claimant's conduct. A stay of execution is not warranted except for a brief extension to allow the claimant to apply to the Court of Appeal, as neither special circumstances nor inability to pay were properly evidenced.

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 / Judgment on Costs and Stay
Outcome
Defendants awarded costs; claimant's application for stay of execution dismissed except for brief extension.
Legal Topics
Costs, Stay of Execution, Appeal, Disclosure, Insolvency
Civil Procedure Costs Stay of Execution Appeal Disclosure Insolvency

Case Brief

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Parties

Daniel Thomas Brian Horler

Claimant

David Rubin

Defendant

David Rubin & Partners

Defendant

David Rubin & Company

Defendant

Procedural Posture

Civil / Judgment on Costs and Stay

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 the claimant should bear all costs of the proceedings
  3. 3 Whether a stay of execution should be granted pending the outcome of the proposed application to the Court of Appeal

Ratio Decidendi

The defendants, having succeeded in the proceedings, are entitled to their costs to be assessed on the standard basis. There is no justification for deferring the costs determination or depriving the defendants of costs due to late disclosure, as the notes were not determinative and earlier disclosure would not have changed the claimant's conduct. A stay of execution is not warranted except for a brief extension to allow the claimant to apply to the Court of Appeal, as neither special circumstances nor inability to pay were properly evidenced.

Court Disposition

Defendants awarded costs; claimant's application for stay of execution dismissed except for brief extension.

Orders

  • Claimant to pay defendants' costs of the proceedings, assessed on the standard basis.
  • Claimant to make a payment on account of £120,000 by 11 October 2019.