Hincks v Sense Network Ltd (Costs) [2018] EWHC 1241 (QB) (17 April 2018)

Hincks v Sense Network Ltd (Costs) [2018] EWHC 1241 (QB) (17 April 2018)

No evidence was provided by the Claimant to support the assertion that payment on account would stifle an appeal; therefore, the application for a stay of execution is rejected. CPR 44.2(8) presumption applies, and no good reason was advanced against an interim costs order.

Citation
[2018] EWHC 1241
Parties
Claimant: Kevin Hincks; Defendant: Sense Network Ltd
Jurisdiction
England and Wales
Judgment Date
17 April 2018
Procedural Posture
Costs Ruling Following Liability Judgment / Post Liability, Costs Determination
Outcome
Claimant's application for stay of execution rejected; order for payment on account of costs granted.
Legal Topics
Costs, Stay of Execution, Payment on Account, Appeal Procedure
Civil Procedure Costs Stay of Execution Payment on Account Appeal Procedure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Kevin Hincks

Claimant

Sense Network Ltd

Defendant

Procedural Posture

Costs Ruling Following Liability Judgment / Post Liability, Costs Determination

Legal Issues

  1. 1 Whether a stay of execution should be granted on an order for payment on account of costs
  2. 2 Whether an order for payment on account of costs should be made
  3. 3 Quantum of payment on account of costs

Ratio Decidendi

No evidence was provided by the Claimant to support the assertion that payment on account would stifle an appeal; therefore, the application for a stay of execution is rejected. CPR 44.2(8) presumption applies, and no good reason was advanced against an interim costs order.

Court Disposition

Claimant's application for stay of execution rejected; order for payment on account of costs granted.

Orders

  • Claimant to pay Defendant 90% of Defendant's budgeted costs figure on account (£159,108).