Calvert v William Hill Credit Ltd

Calvert v William Hill Credit Ltd

The applications to lift the stay and for security for costs were misconceived and failed; the application for disclosure of funders succeeded. Costs should be apportioned accordingly: William Hill to pay two-thirds of Mr Calvert's costs, and Mr Calvert to pay one-third of William Hill's costs, with set-off.

Parties
Appellant: Graham Calvert; Respondent: William Hill Credit Limited
Jurisdiction
England and Wales
Judgment Date
04 July 2008
Procedural Posture
Civil Appeal / Interlocutory Application for Costs Following Withdrawal of Interim Relief Application
Outcome
Application granted in part
Legal Topics
Security for Costs, Stay of Execution, Disclosure of Funders, Costs Orders
Civil Procedure Costs Security for Costs Stay of Execution Disclosure of Funders Costs Orders

Case Brief

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Parties

Graham Calvert

Appellant

William Hill Credit Limited

Respondent

Procedural Posture

Civil Appeal / Interlocutory Application for Costs Following Withdrawal of Interim Relief Application

Legal Issues

  1. 1 Whether the respondent's application for interim relief (lifting stay, security for costs, disclosure of funders) should result in a costs order and in what proportions
  2. 2 Whether the application for disclosure of funders was justified
  3. 3 Whether the applications to lift the stay and for security for costs were misconceived

Ratio Decidendi

The applications to lift the stay and for security for costs were misconceived and failed; the application for disclosure of funders succeeded. Costs should be apportioned accordingly: William Hill to pay two-thirds of Mr Calvert's costs, and Mr Calvert to pay one-third of William Hill's costs, with set-off.

Court Disposition

Application granted in part

Orders

  • William Hill to pay two-thirds of Mr Calvert's costs of the application
  • Mr Calvert to pay one-third of William Hill's costs of the application