The Public Services Ombudsman for Wales v Heesom

An application to extend time for filing an appellant’s notice is approached under the same principles and with the same rigour as an application for relief from sanctions. The court considers the seriousness and significance of the default, the reason for it, and all the circumstances. A short delay may nevertheless be neither serious nor significant where it causes no prejudice or material procedural effect.

For costs assessment purposes, an Administrative Court claim issued or transferred to Cardiff is a claim being dealt with in the Cardiff District Registry. The appropriate office is therefore that registry, although the court may direct transfer to the Senior Courts Costs Office. The venue of the assessment hearing remains a separate case-management question.

The Ombudsman appealed decisions of Master Haworth concerning the venue of detailed costs assessment proceedings arising from Mr Heesom’s successful statutory appeal against his disqualification as a councillor. The Ombudsman also sought permission to appeal against an interim costs certificate and an extension of time for filing the appellant’s notice.

The substantive appeal had been transferred to Cardiff and directed to be heard in North Wales. The costs assessment was nevertheless filed in the Senior Courts Costs Office. The issues were whether the filing venue was correct, whether the assessment should be transferred or heard in Wales, whether time should be extended, and whether the interim certificate should stand.

1. Extension of time. The six-day delay was considered under the three-stage approach in Denton v T H White Ltd and R (Hysaj) v Secretary of State for the Home Department: seriousness and significance, the reason for default, and all the circumstances. There was no good explanation, but the delay caused no prejudice or real detrimental effect. It was neither serious nor significant. Time was extended.
2. Venue for assessment. The order transferring the substantive appeal to Cardiff transferred the claim to the Cardiff District Registry. The Administrative Court is a list within the Queen’s Bench Division, not a separate London-based court. Under CPR rule 47.4 and CPR PD 47 paragraph 4.1, costs assessment proceedings therefore had to be filed in the Cardiff District Registry. CPR rule 47.4(2) permitted a later direction transferring them to the Senior Courts Costs Office. The assessment could be heard elsewhere in Wales, including Mold.
3. The Master had erred in construing the procedural provisions and in treating the costs assessment as lacking any local relevance. The matter was remitted for an appropriate order concerning transfer and venue.
4. Interim certificate. CPR rule 47.16 conferred a wide discretion. An experienced costs judge could make a cautious rough assessment of the minimum likely recovery from the bill, points of dispute and replies without conducting an item-by-item assessment. No error of principle or irrationality was shown. Permission to appeal on that issue was refused.
5. The Ombudsman received the costs of the successful venue appeal, assessed at £14,000. The order for costs below was quashed and replaced by no order as to costs.

1. High Court (Queen’s Bench Division): On appeal from Master Haworth in the Senior Courts Costs Office, the court allowed the venue appeal in substance, granted an extension of time, refused permission concerning the interim certificate, and varied the costs order below.
2. Administrative Court: The substantive statutory appeal had previously been allowed in part in [2014] EWHC 1504 (Admin), with the disqualification reduced to eighteen months.