Hallam Estates Ltd & Anor v Baker

Hallam Estates Ltd & Anor v Baker

The costs judge was dealing with an in-time application for extension of time, not an application for relief from sanctions, and properly exercised his case management discretion. The High Court judge erred in interfering with that discretion and in directing the issue of a default costs certificate.

Parties
Claimant/appellant: Hallam Estates Ltd; Claimant/appellant: Michael Stainer; Defendant/respondent: Teresa Baker
Jurisdiction
England and Wales
Judgment Date
19 May 2014
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
appeal allowed
Legal Topics
Extension of Time, Relief From Sanctions, Default Costs Certificate, Case Management Discretion
Civil Procedure Costs Extension of Time Relief From Sanctions Default Costs Certificate Case Management Discretion

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Parties

Hallam Estates Ltd

Claimant/appellant

Michael Stainer

Claimant/appellant

Teresa Baker

Defendant/respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the application for extension of time was an application for relief from sanctions
  2. 2 Whether the costs judge exercised his case management discretion properly
  3. 3 Whether the High Court judge erred in reversing the costs judge's decision and directing a default costs certificate

Ratio Decidendi

The costs judge was dealing with an in-time application for extension of time, not an application for relief from sanctions, and properly exercised his case management discretion. The High Court judge erred in interfering with that discretion and in directing the issue of a default costs certificate.

Court Disposition

appeal allowed

Orders

  • Order of the High Court judge set aside
  • Costs judge's order granting extension of time restored