Loson & Anor v Brett Stack & Anor [2016] EWCA Civ 610 (27 April 2016)

Loson & Anor v Brett Stack & Anor [2016] EWCA Civ 610 (27 April 2016)

The district judge was entitled to find Mr Emezie was the architect and driving force behind the litigation and to make a non-party costs order under CPR 46.2; legal professional privilege did not affect the costs liability; there was no error of principle in making the order prior to costs assessment.

Citation
[2016] EWCA Civ 610
Parties
Applicant: Loson; Applicant: Emezie; Respondent: Brett Stack; Respondent: Newlyns
Jurisdiction
England and Wales
Judgment Date
27 April 2016
Procedural Posture
Application for Permission to Appeal / Court of Appeal, Oral Renewal After Refusal on Papers
Outcome
application refused
Legal Topics
Non Party Costs Orders, Legal Professional Privilege, Proportionality of Costs
Civil Procedure Costs Non Party Costs Orders Legal Professional Privilege Proportionality of Costs

Case Brief

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Parties

Loson

Applicant

Emezie

Applicant

Brett Stack

Respondent

Newlyns

Respondent

Procedural Posture

Application for Permission to Appeal / Court of Appeal, Oral Renewal After Refusal on Papers

Legal Issues

  1. 1 Whether a non-party costs order against Mr Emezie was appropriate under CPR 46.2
  2. 2 Whether legal professional privilege between Mr Emezie and Ms Loson affected the costs order
  3. 3 Whether the timing of the costs order prior to assessment was improper

Ratio Decidendi

The district judge was entitled to find Mr Emezie was the architect and driving force behind the litigation and to make a non-party costs order under CPR 46.2; legal professional privilege did not affect the costs liability; there was no error of principle in making the order prior to costs assessment.

Court Disposition

application refused

Orders

  • Permission to appeal refused