City of Westminster v Man

City of Westminster v Man

Permission to appeal is granted on the ground that the Consent Order of 30 September 2004, which stayed all further proceedings, may have precluded enforcement of the earlier costs order, and the judge below may have been wrong in law to hold otherwise.

Parties
Claimant: The Lord Mayor & Citizens of the City of Westminster; Defendant: Man
Jurisdiction
England and Wales
Judgment Date
10 April 2008
Procedural Posture
Civil Appeal / Permission to Appeal From County Court to Court of Appeal
Outcome
Permission to appeal granted in part; application to adduce further evidence refused; stay of execution of sums ordered pending appeal; transcript to be provided at public expense.
Legal Topics
Consent Orders, Tomlin Orders, Enforcement of Costs Orders, Stay of Proceedings
Civil Procedure Consent Orders Tomlin Orders Enforcement of Costs Orders Stay of Proceedings

Case Brief

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Parties

The Lord Mayor & Citizens of the City of Westminster

Claimant

Man

Defendant

Procedural Posture

Civil Appeal / Permission to Appeal From County Court to Court of Appeal

Legal Issues

  1. 1 Whether a Tomlin Order staying proceedings precludes enforcement of a prior costs order not expressly mentioned in the compromise
  2. 2 Whether the Consent Order of 30 September 2004 was valid and effective to bar enforcement of the earlier costs order

Ratio Decidendi

Permission to appeal is granted on the ground that the Consent Order of 30 September 2004, which stayed all further proceedings, may have precluded enforcement of the earlier costs order, and the judge below may have been wrong in law to hold otherwise.

Court Disposition

Permission to appeal granted in part; application to adduce further evidence refused; stay of execution of sums ordered pending appeal; transcript to be provided at public expense.

Orders

  • Permission to appeal granted on the specific ground relating to the effect of the Tomlin Order on enforcement of the costs order.
  • Stay of execution of all sums ordered to be paid by the defendant to the claimant pending determination of the appeal.