ANALYSIS OF BELSNER 5: WANT TO SEE THE FINAL COURT OF APPEAL ORDER?

The previous post on Belsner indicated that a final order had been made by the Court of Appeal. That order can be seen here BelsnerSEALED ORDER (1)  and the text is reproduced below.  The interesting aspect of the order is, perhaps, paragraph 9, which deals with the possibility of an application being made for a non-party costs order.

 

WEBINAR ON BELSNER: 24th NOVEMBER 2022

My colleagues Craig Ralph and Andrew Hogan will consider the significance of the Belsner and Karatysz cases, and the lessons to be drawn going forward in a webinar on the 24th November 2022. Booking details are available here.

THE COURT OF APPEAL ORDER

UPON the appeal of the Appellant
AND UPON hearing Benjamin Williams KC and George McDonald for the
Appellant, David Holland KC and Rupert Cohen for the Intervener, and P J Kirby
KC and Robin Dunne for the Respondent
AND UPON handing down judgment in the appeal on 27 October 2022
IT IS ORDERED THAT

1. The appeal be allowed.

2. The orders of Mr Justice Lavender dated 16 October 2020 and 17
November 2020 and the order of District Judge Bellamy dated 14 August
2019 are all set aside.

3. The Appellant’s bill (excluding disbursements) be re-assessed in the sum
of £821.25 plus VAT, being the full amount of the bill excluding
disbursements.

4. The Respondent shall repay to the Appellant by 4pm on Monday 28
November 2022:

a. The sum of £295.50 paid pursuant to the order dated 16 October
2020; and

b. The interim payment on account of costs of £25,000 paid pursuant
to the order dated 17 November 2020.

5. The said repayments shall be subject to interest at 3 per cent above the base
rate from time to time from the date of payment to the earlier of (i) the date
of repayment or (ii) 28 November 2022. In the event that repayment is not
made by the due date, interest will thereafter be payable at the Judgments
Act rate.

6. The Respondent shall pay the Appellant’s costs of and incidental to (i) the
Part 8 claim for an assessment and the assessment proceedings at first
instance, including any review hearings; (ii) the appeal and cross-appeal to
Mr Justice Lavender; and (iii) the appeal to the Court of Appeal, to be
subject to detailed assessment on the standard basis if not agreed.

7. The Respondent shall make an interim payment on account of the costs
ordered to be paid pursuant to paragraph 6 above to the Appellant in the
sum of £130,000 by 4pm on Monday 28 November 2022.

8. The Respondent shall pay interest on the costs payable under paragraph 6
above at 3 per cent above the base rate from time to time from the date of
payment of the costs by the Appellant until the following dates:

a. On £130,000 until 28 November 2022

b. On the balance of such costs until 14 February 2023
and thereafter interest will be payable at the Judgments Act rate.

9. Any application for a non-party costs order in respect of the costs payable
under paragraph 6 above may be made on notice to the King’s Bench
Division of the High Court.