Roadrunner Properties Ltd & Anor v Dean & Anor

The slip rule permits correction of an accidental slip or omission in a perfected order so that it reflects the court’s intention when the order was made. It does not permit the court to decide matters which were not raised or determined at that time, or to alter an order because a party later advances a different case. Questions concerning interest and a company’s entitlement to recover a director’s time and expenses as litigant-in-person costs were not matters for correction under CPR 40.12. They remained capable of being raised on costs assessment.

After allowing an earlier appeal concerning damage to property caused by works to a party wall, the Court of Appeal ordered judgment for the claimant in the sum of £1,740 and payment of the costs of the trial and appeal. The sealed order reflected an agreed draft.

The claimant later applied to amend the order. It sought to add pre-judgment interest and to include costs under CPR 48.6, on the basis that a director had conducted the trial despite solicitors remaining on the record. The central issue was whether those matters could be introduced under the slip rule.

1. The application was dismissed. The relevant rule was CPR 40.12, not CPR 40.2. It permits correction of an accidental slip or omission in a perfected judgment or order where correction is needed to give effect to the court’s intention when the order was made.
2. The rule may address drafting errors, omitted material words, or a form of words whose legal effect the court misunderstood. It does not permit amendment merely because the court has second thoughts, nor does it permit a party to return after perfection to raise questions not previously raised.
3. The court had not been asked to determine whether pre-judgment interest was payable, the applicable rate, or the relevant period. The order therefore did not fail to express an intention concerning interest. The proposed amendment would have required the court to decide new questions, not correct an accidental omission.
4. CPR 48.6 applies where the court has ordered payment of a litigant-in-person’s costs and provides a method of compensating that litigant for time and expense. It does not require the order itself to refer to the rule. Whether a limited company with solicitors on the record could qualify, and whether its director’s time and expenses were recoverable, were matters for costs assessment rather than the slip-rule application.
5. The earlier costs order accurately reflected the court’s intention. The applicant was ordered to pay the respondents’ costs of the application, assessed at £933.50, set off against any other costs.

• Court of Appeal (Civil Division): In the earlier appeal, the court allowed the appeal, set aside the county court order dated 25 October 2002 and entered judgment for the claimant in the sum of £1,740, with costs of the trial and appeal.
• Court of Appeal (Civil Division): The present application to amend the perfected order under CPR 40.12 was dismissed.