Hincks v Sense Network Ltd (Costs)

Hincks v Sense Network Ltd (Costs)

The Claimant failed to provide evidence that an order for payment on account of costs would stifle his appeal. There was no good reason advanced against making an order for payment on account. The court therefore refused a stay of execution and ordered payment on account of 90% of the Defendant’s budgeted costs.

Parties
Claimant: Kevin Hincks; Defendant: Sense Network Ltd
Jurisdiction
England and Wales
Judgment Date
17 April 2018
Procedural Posture
Civil / Costs Ruling After Judgment on Liability
Outcome
Claimant's application for stay of execution refused; order for payment on account of costs granted
Legal Topics
Costs, Stay of Execution, Interim Payments, Appeal Procedure
Civil Procedure Costs Stay of Execution Interim Payments 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

Civil / Costs Ruling After Judgment on Liability

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 that an order for payment on account of costs would stifle his appeal. There was no good reason advanced against making an order for payment on account. The court therefore refused a stay of execution and ordered payment on account of 90% of the Defendant’s budgeted costs.

Court Disposition

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

Orders

  • Claimant to pay Defendant 90% of Defendant’s budgeted costs on account, being £159,108
  • No stay of execution granted on the order for payment on account of costs