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)

The Claimant failed to provide evidence to establish that payment on account of costs would stifle his appeal; therefore, no stay of execution is granted. There is no good reason not to order a payment on account of costs, and the appropriate sum is 90% of the Defendant's budgeted costs.

Citation
[2018] EWHC 1241 (QB)
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 Judgment, Costs Determination
Outcome
Claimant's application for a stay of execution is refused; order for payment on account of costs is granted.
Legal Topics
Costs, Interim Payment on Account, Stay of Execution, Appeal Procedure
Civil Procedure Costs Interim Payment on Account Stay of Execution Appeal Procedure

Case Brief

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Parties

Kevin Hincks

Claimant

Sense Network Ltd

Defendant

Procedural Posture

Costs Ruling Following Liability Judgment / Post Judgment, Costs Determination

Legal Issues

  1. 1 Whether a stay of execution should be granted on an order for payment on account of costs pending appeal
  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

The Claimant failed to provide evidence to establish that payment on account of costs would stifle his appeal; therefore, no stay of execution is granted. There is no good reason not to order a payment on account of costs, and the appropriate sum is 90% of the Defendant's budgeted costs.

Court Disposition

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

Orders

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