Akhtar v Boland

Akhtar v Boland

The Court of Appeal has no power to make a costs order in this case because CPR 27.14 expressly precludes such an order in small claims track cases, including appeals, and CPR 52.9A does not override this preclusion.

Parties
Appellant: Pervez Akhtar; Respondent: Jordan Boland
Jurisdiction
England and Wales
Judgment Date
08 July 2014
Procedural Posture
Civil Appeal / Costs Determination After Unsuccessful Appeal
Outcome
no order as to costs
Legal Topics
Costs, Appeals, Small Claims Track
Civil Procedure Costs Appeals Small Claims Track

Case Brief

Summary, issues, holding and outcome

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Parties

Pervez Akhtar

Appellant

Jordan Boland

Respondent

Procedural Posture

Civil Appeal / Costs Determination After Unsuccessful Appeal

Legal Issues

  1. 1 Whether the Court of Appeal can make a costs order against the appellant after an unsuccessful appeal from a small claims track allocation

Ratio Decidendi

The Court of Appeal has no power to make a costs order in this case because CPR 27.14 expressly precludes such an order in small claims track cases, including appeals, and CPR 52.9A does not override this preclusion.

Court Disposition

no order as to costs

Orders

  • No order for the costs of the appeal.