Owen Tabbitt v Thomas Clark

Owen Tabbitt v Thomas Clark

The judge was entitled, in the exercise of her discretion, to decline to make the declaratory order sought, as the rules apply as they stand and enforcement is governed by subsequent rule changes and transitional provisions.

Parties
Appellant: Owen Tabbitt; Respondent: Thomas Clark
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Costs, Qualified One Way Costs Shifting (qocs), Part 36 Offers, Declaratory Relief
Civil Procedure Personal Injury Costs Qualified One Way Costs Shifting (qocs) Part 36 Offers Declaratory Relief

Case Brief

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Parties

Owen Tabbitt

Appellant

Thomas Clark

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the court should make a declaration preventing enforcement of a costs order against the claimant under CPR 44.14 as it stood at the time
  2. 2 Whether the court can preserve the effect of current rules against future retrospective rule changes

Ratio Decidendi

The judge was entitled, in the exercise of her discretion, to decline to make the declaratory order sought, as the rules apply as they stand and enforcement is governed by subsequent rule changes and transitional provisions.

Court Disposition

appeal dismissed

Orders

  • No declaration made preventing enforcement of costs order.
  • Costs order not enforceable against claimant under current rules.