It was proper for a court to prevent a second action on a matter where an order for payment for the costs of a first action between the parties had not been discharged by the claimant. In such a case the potential for abuse lies in the unfairness of putting the defendant to the expense of fresh proceedings while his costs of the previous proceedings remain unpaid. It may be appropriate to provide, in addition to a stay, for a striking out of the second claim if the costs of the first claim are not paid by a certain date.
Judges:
Lord Justice Tuckey Lord Justice Moore-Bick
Citations:
[2006] EWCA Civ 9, Times 23-Jan-2006, [2006] 4 Costs LR 632, [2006] 1 WLR 985
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Wahab v Khan and Others; In re Abdus Sattar Sheikh deceased ChD 12-Apr-2011
The claimant had asked the court to revoke the probate granted in his brother’s estate. He appealed now against a strike out of his request. He alleged that the will was a forgery. The executor’s and defendants were not relations of the deceased, . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice, Costs
Updated: 10 November 2022; Ref: scu.237728