Birley & anr (respondents) v Heritage Independent Living Ltd (appellant)

Wednesday 20 November 2024

By Appellant’s Notice filed on 5 September 2023, Heritage Independent Living Limited, the Defendant below (D), appeal the order of HHJ Owen dated 27 August 2023 sitting in Nottingham County Court allowing the Claimant’s appeal against the order of DJ Nicolle dated 25 January 2023.

At first instance the claim was struck out. DDJ Nicolle found that there had been an abuse of process in the way that the claim had been conducted and litigated. The consequence of that finding was that the Defendant had an enforceable order for costs under CPR r.44.15.

On appeal the circuit judge disagreed and set aside that finding, notwithstanding that the claim remained dismissed for other reasons.

This second appeal is against the circuit judge’s decision that there had been no abuse of process and his consequential order on costs.

View hearing:

Part 1

Part 2