Pritchard Englefield v Steinberg (No.2)

Pritchard Englefield v Steinberg (No.2)

The Claimant’s conduct did not amount to misconduct under CPR 44.14; delay alone, absent an application under CPR 47.8(1)(b), only justifies disallowance of interest, which was conceded. The application to disallow costs for delay/misconduct fails.

Parties
Claimant: Pritchard Englefield; Defendant: Jonathan Roger Steinberg
Jurisdiction
England and Wales
Judgment Date
20 October 2003
Procedural Posture
Costs Assessment / Application to Disallow Costs for Delay/misconduct; Detailed Assessment
Outcome
Defendant’s application to disallow costs for delay/misconduct dismissed.
Legal Topics
Delay in Costs Assessment, Misconduct in Costs Proceedings, Charging Orders, Enforcement of Judgments, Defamation
Civil Procedure Costs Delay in Costs Assessment Misconduct in Costs Proceedings Charging Orders Enforcement of Judgments Defamation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 10 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Pritchard Englefield

Claimant

Jonathan Roger Steinberg

Defendant

Procedural Posture

Costs Assessment / Application to Disallow Costs for Delay/misconduct; Detailed Assessment

Legal Issues

  1. 1 Whether delay in presenting bills for assessment justifies disallowance of costs
  2. 2 Whether conduct of the Claimant amounts to misconduct under CPR 44.14
  3. 3 Whether the Claimant improperly maintained a charge over property to stifle Defendant's libel claim

Ratio Decidendi

The Claimant’s conduct did not amount to misconduct under CPR 44.14; delay alone, absent an application under CPR 47.8(1)(b), only justifies disallowance of interest, which was conceded. The application to disallow costs for delay/misconduct fails.

Court Disposition

Defendant’s application to disallow costs for delay/misconduct dismissed.

Orders

  • Detailed assessment of Claimant’s two bills to proceed.
  • Interest on the bills disallowed for the period from 29 June 1999 to 6 August 2002.