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The Court of Appeal granted costs to the appellant for both the appeal and the High Court proceedings, after overturning the High Court's refusal to set aside the recognition of a Polish judgment on the basis that it involved an impermissible assignment of causes of action. The Court found that, although arguments relating to judicial independence in Poland had extended the proceedings and required expert evidence, it was reasonable for the appellant to raise both grounds advanced. The respondent's request to deny or reduce High Court costs was rejected, as the overall conduct of the litigation was reasonable and the outcome hinged on discrete public policy arguments. A stay was placed on the enforcement of the costs orders, pending any application for leave to appeal to the Supreme Court. The possibility of later applications for costs against individual assignors was acknowledged but not determined in this judgment.
costs of proceedings – appeal from High Court – assignment of causes of action – recognition and enforcement of foreign judgments – public policy grounds – judicial independence – maintenance and champerty – Legal Services Regulation Act 2015 – Order 99 RSC – stay pending application to Supreme Court – party-and-party basis – Moorview costs order – enforcement of foreign judgments – European Union law – Regulation (EU) 1215/2012
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