Salekipour v Parmar & Ors

Salekipour v Parmar & Ors

There is a real prospect of success on appeal in arguing that the judge erred in making the third party liable for costs as shown in the default costs certificate without exercising discretion or giving the third party an opportunity to be heard.

Parties
Appellant: Salekipour; Respondents: Parmar & Ors; Third Party: Saleem
Jurisdiction
England and Wales
Judgment Date
07 November 2013
Procedural Posture
Civil Appeal / Ruling on Permission to Appeal
Outcome
Permission to appeal granted
Legal Topics
Costs, Non Party Costs Orders, Appeal Procedure
Civil Procedure Costs Non Party Costs Orders Appeal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Salekipour

Appellant

Parmar & Ors

Respondents

Saleem

Third Party

Procedural Posture

Civil Appeal / Ruling on Permission to Appeal

Legal Issues

  1. 1 Whether the judge erred in including a provision that costs payable by the third party should be those shown in the default costs certificate
  2. 2 Whether the judge exercised discretion under section 51(3) of the Senior Courts Act 1981 appropriately
  3. 3 Whether the third party was given an opportunity to be heard on the costs

Ratio Decidendi

There is a real prospect of success on appeal in arguing that the judge erred in making the third party liable for costs as shown in the default costs certificate without exercising discretion or giving the third party an opportunity to be heard.

Court Disposition

Permission to appeal granted

Orders

  • Order refusing permission to appeal recalled
  • Permission to appeal granted against the judge’s order of 15 March 2013 and further orders of 16 April and 26 June 2013 on the specified ground