Michael Wilson & Partners Ltd v Sinclair & Anor (No. 2)

Michael Wilson & Partners Ltd v Sinclair & Anor (No. 2)

The Senior Costs Judge did not err in setting aside the default costs certificate without imposing a condition of prior payment of outstanding judgment debts by the Respondents. Even if the discretion were exercised afresh, the imposition of such a condition would be unjust and disproportionate given the conduct of...

Source-derived case information.

Parties
Appellant: Michael Wilson & Partners Limited; Respondent (1): T I Sinclair; Respondent (2): SOKOL HOLDINGS INC
Jurisdiction
England and Wales
Judgment Date
28 April 2020
Procedural Posture
Civil Appeal / Appeal From Senior Courts Costs Office Decision
Outcome
Appeal dismissed
Legal Topics
Default Costs Certificate, Relief From Sanctions, Discretion to Impose Conditions, Conduct of Parties, Proportionality in Costs Litigation
Civil Procedure Costs Default Costs Certificate Relief From Sanctions Discretion to Impose Conditions Conduct of Parties Proportionality in Costs Litigation

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Parties

Michael Wilson & Partners Limited

Appellant

T I Sinclair

Respondent (1)

SOKOL HOLDINGS INC

Respondent (2)

Procedural Posture

Civil Appeal / Appeal From Senior Courts Costs Office Decision

Legal Issues

  1. 1 Whether the Senior Costs Judge erred in declining to make the setting aside of the default costs certificate conditional on payment of costs certified in previous assessments
  2. 2 Whether the appellate court should impose such a condition
  3. 3 What condition, if any, should be imposed

Ratio Decidendi

The Senior Costs Judge did not err in setting aside the default costs certificate without imposing a condition of prior payment of outstanding judgment debts by the Respondents. Even if the discretion were exercised afresh, the imposition of such a condition would be unjust and disproportionate given the conduct of all parties and the history of the litigation.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; no conditions imposed on the setting aside of the default costs certificate.