Penfold v Fuller [2009] EWHC 1195 (Ch) (18 May 2009)

Penfold v Fuller [2009] EWHC 1195 (Ch) (18 May 2009)

The party liable for court fees under the Fees Order is the party making the substantive claim currently before the court, not necessarily the party originally named as claimant. In this case, Mr Fuller, as the party seeking specific performance, is liable for the fees.

Citation
[2009] EWHC 1195 (Ch)
Parties
Claimant: Louisa Penfold; Defendant: Tommy Fuller
Jurisdiction
England and Wales
Judgment Date
18 May 2009
Procedural Posture
Chancery Division Civil Claim (part 8 Procedure) / Interlocutory Application Regarding Liability for Court Fees After Tomlin Order Settlement
Outcome
Application granted; Mr Fuller held liable for court fees 2.2 and 2.3.
Legal Topics
Court Fees Liability, Interpretation of Fees Order, Specific Performance, Tomlin Order Enforcement
Civil Procedure Property Law Court Fees Liability Interpretation of Fees Order Specific Performance Tomlin Order Enforcement

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Parties

Louisa Penfold

Claimant

Tommy Fuller

Defendant

Procedural Posture

Chancery Division Civil Claim (part 8 Procedure) / Interlocutory Application Regarding Liability for Court Fees After Tomlin Order Settlement

Legal Issues

  1. 1 Who is liable for payment of court fees 2.2 and 2.3 under the Civil Proceedings Fees Order 2008 in post-settlement proceedings where the original defendant seeks specific performance of a Tomlin Order?

Ratio Decidendi

The party liable for court fees under the Fees Order is the party making the substantive claim currently before the court, not necessarily the party originally named as claimant. In this case, Mr Fuller, as the party seeking specific performance, is liable for the fees.

Court Disposition

Application granted; Mr Fuller held liable for court fees 2.2 and 2.3.

Orders

  • Mr Fuller is liable to pay fees 2.2 and 2.3 under the Civil Proceedings Fees Order 2008.