Michael Geoffrey Willis v GWB Harthills LLP & Ors
[2024] EWHC 409 (SCCO)
Nazim Choudhury v Shauna Mukherjee
14 May 2024
[2024] EWHC 1153 (SCCO)
Senior Courts Costs Office
A person appealed a court order about costs from seven years ago. The judge said it was too late to appeal, the appeal was weak, and the person was properly notified about the order earlier. So, the appeal failed.
Key Facts
- •Defendant (Dr. Mukherjee) appealed a Final Costs Certificate issued in March 2016, over seven years later.
- •The appeal concerned costs from a 2014 County Court judgment for the Claimant.
- •The Defendant argued invalid service, defective bill of costs, unreasonable Claimant conduct, and duplicated costs.
- •The Defendant claimed unawareness of the Final Costs Certificate.
- •The Claimant (Mr. Choudhury) argued the Defendant had been properly notified and the appeal was significantly delayed.
- •The Defendant's appeal was filed over seven years after the 21-day appeal period.
Legal Principles
Extension of time to appeal is granted only if there is good reason for the delay (Denton v TH White Ltd [2014] EWCA Civ 906).
Denton v TH White Ltd [2014] EWCA Civ 906
There is no appeal from a provisional assessment; any challenge must be via an application for an oral hearing under CPR 47.15(7) and (8) (PME v The Scout Association [2019] EWHC 3421 (QB)).
PME v The Scout Association [2019] EWHC 3421 (QB)
CPR 47.23 requires an appeal notice within 21 days of the decision.
CPR 47.23
CPR 3.10 allows the court to dispense with technical issues.
CPR 3.10
CPR 47.8 states that a late Notice of Commencement does not invalidate the bill unless the Defendant applies for it to be served again.
CPR 47.8
CPR 44.11 allows for sanctions for unreasonable conduct, but it does not automatically apply to simply refusing a settlement offer.
CPR 44.11
Outcomes
The Defendant's application for an extension of time to appeal was refused.
The delay was deemed serious and without good reason; the Defendant had been properly notified, and the appeal lacked merit.
The appeal was dismissed.
The appeal was based on a provisional assessment (which cannot be appealed directly), the grounds of appeal were weak or non-existent, and the Defendant's delay was inexcusable.