Hart & Anor v Large & Ors [2020] EWHC 2159 (TCC) (07 August 2020)

Hart & Anor v Large & Ors [2020] EWHC 2159 (TCC) (07 August 2020)

A stay of execution was granted on the basis that justice required Mr Large to retain sufficient funds (£37,000) to fund an effective appeal with counsel, as denying this would stifle the appeal. The balance of available funds (£86,317) was ordered to be paid to the claimants within 14 days. The stay was conditional on the retained sum being used solely for appeal costs and outstanding legal fees.

Citation
[2020] EWHC 2159 (TCC)
Parties
Claimant: Mr Chris Hart; Claimant: Mrs Kerry Hart; Defendant: Mr Richard Large; Defendant: Michelmores LLP; Defendant: Harrison Sutton Partnership
Jurisdiction
England and Wales
Judgment Date
07 August 2020
Procedural Posture
Civil / Post Trial, Application for Stay of Execution Pending Appeal
Outcome
Stay of execution granted in part, conditional on payment and retention of specified sums for appeal costs.
Legal Topics
Stay of Execution, Appeals, Costs, Interest, Professional Indemnity Insurance
Civil Procedure Professional Negligence Stay of Execution Appeals Costs Interest Professional Indemnity Insurance

Case Brief

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Parties

Mr Chris Hart

Claimant

Mrs Kerry Hart

Claimant

Mr Richard Large

Defendant

Michelmores LLP

Defendant

Harrison Sutton Partnership

Defendant

Procedural Posture

Civil / Post Trial, Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether a stay of execution should be granted pending appeal
  2. 2 Whether the appeal would be stifled without a stay
  3. 3 Quantum of funds to be retained by the judgment debtor for appeal costs

Ratio Decidendi

A stay of execution was granted on the basis that justice required Mr Large to retain sufficient funds (£37,000) to fund an effective appeal with counsel, as denying this would stifle the appeal. The balance of available funds (£86,317) was ordered to be paid to the claimants within 14 days. The stay was conditional on the retained sum being used solely for appeal costs and outstanding legal fees.

Court Disposition

Stay of execution granted in part, conditional on payment and retention of specified sums for appeal costs.

Orders

  • Mr Large to pay £86,317 to the claimants within 14 days.
  • Mr Large permitted to retain £37,000 solely for funding the appeal and paying outstanding legal fees.