NRAM Ltd v Evans & Anor (Order)

In deciding the form of order after dismissing an application for a stay, the Court of Appeal held that CPR 52CPD.20 concerns costs of attending an application for permission to appeal. It does not govern an unrelated stay application. The unsuccessful party therefore ordinarily pays the successful party’s costs. Where a hearing lasts no more than one day, the court will generally summarily assess costs under CPR 44.6 and CPR 44PD.9.2 unless there is good reason for detailed assessment. Summarily assessed costs are payable within 14 days unless the court directs otherwise.

NRAM Limited was the respondent to an application by Paul and Susannah Evans for a stay. The Court of Appeal had dismissed the stay application in reasons circulated on 7 December 2020 and, in this order judgment, determined the consequential matters.

The appellants argued that CPR 52CPD.20 precluded costs because NRAM had not been directed to attend but had attended voluntarily. The court also considered whether to order costs, assess them summarily, and grant a temporary stay of a 2017 costs order pending the appeal against Master Howath’s order.

Lord Justice David Richards, sitting in a single judgment, made the following orders.

1. Stay application. Having regard to reasons previously given for dismissing the application, the court considered it appropriate to order that it be dismissed as totally without merit. It also refused the appellants’ request for a temporary stay of the costs order made by the Court of Appeal in 2017. The court found no merit or substance in that request, pending the appeal against Master Howath’s order.
2. Applicability of CPR 52CPD.20. That provision concerns costs of attending a hearing of an application for permission to appeal. It did not apply to the appellants’ stay application, which was unrelated to permission to appeal. NRAM’s voluntary attendance therefore did not prevent a costs order.
3. Costs. The court followed the general rule that the unsuccessful party pays the successful party’s costs. It exercised its discretion under CPR 44.6 to summarily assess the costs. CPR 44PD.9.2 supported that course because the hearing lasted no more than one day and there was no good reason to order a detailed assessment. The costs were assessed at £8,000 plus VAT.
4. Payment. Although CPR 44.7 ordinarily requires summarily assessed costs to be paid within 14 days of the order, the court directed payment by 4pm on 22 January 2021.
5. The appellants’ further points, including an alleged conflict between paragraphs 19 and 21 of the earlier judgment, were considered fully addressed and disclosed no conflict.

• Court of Appeal (Civil Division): On 21 December 2020, following reasons circulated on 7 December 2020, dismissed the stay application as totally without merit, refused a temporary stay of the 2017 costs order, ordered costs to NRAM and summarily assessed them at £8,000 plus VAT. This order was issued as [2020] EWCA Civ 1760.
• High Court of Justice, Chancery Division (Cardiff District Registry): The proceedings were on appeal from an order of Master Howath. No citation or substantive outcome for that order is stated in this judgment.