Howell v Virani & Anor [2001] EWCA Civ 606 (26 April 2001)

Howell v Virani & Anor [2001] EWCA Civ 606 (26 April 2001)

The applicant failed to demonstrate a real prospect of success on appeal against the costs orders, and the slip rule was not applicable as there was no accidental slip or omission in the order. However, due to unsatisfactory features in the case, the application was adjourned for an inter partes hearing.

Source-derived case information.

Citation
[2001] EWCA Civ 606
Parties
Applicant: Mark Howell; Respondents: Mr & Mrs Virani
Jurisdiction
England and Wales
Judgment Date
26 April 2001
Procedural Posture
Bankruptcy Appeal / Application for Permission to Appeal (adjourned for Inter Partes Hearing)
Outcome
Application for permission to appeal adjourned for inter partes hearing.
Legal Topics
Costs Orders, Statutory Demand, Slip Rule, Extension of Time, Appeal Procedure
Bankruptcy Civil Procedure Costs Orders Statutory Demand Slip Rule Extension of Time Appeal Procedure

Source-derived case record

Summary, issues, holding and outcome

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Parties

Mark Howell

Applicant

Mr & Mrs Virani

Respondents

Procedural Posture

Bankruptcy Appeal / Application for Permission to Appeal (adjourned for Inter Partes Hearing)

Legal Issues

  1. 1 Whether permission to appeal should be granted out of time against costs orders in bankruptcy proceedings
  2. 2 Whether the costs orders made on 18th May and 5th May 2000 were appropriate
  3. 3 Whether the slip rule could be used to rectify the costs order

Ratio Decidendi

The applicant failed to demonstrate a real prospect of success on appeal against the costs orders, and the slip rule was not applicable as there was no accidental slip or omission in the order. However, due to unsatisfactory features in the case, the application was adjourned for an inter partes hearing.

Court Disposition

Application for permission to appeal adjourned for inter partes hearing.

Orders

  • Hearing adjourned for inter partes hearing before end of July.
  • Mr & Mrs Virani's solicitors to be notified.