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The Court of Appeal has dismissed an appeal by a litigant challenging the High Court's decision to grant leave for the execution of a costs order, originally imposed due to a failed judicial review regarding the dissolution of a company. The High Court had previously granted the Registrar leave to execute the costs order after a delay, which was attributed to several appeals and the impact of the COVID-19 pandemic on court operations. The appellant argued that the costs order was "void ab initio" (void from the beginning) and that the delay in execution prejudiced him, but the Court of Appeal, agreeing with the High Court, found no merit in these arguments. The Court of Appeal also rejected the appellant's request to re-open the judgment on the substantive appeal and affirmed the High Court's order for the appellant to pay the Registrar's costs of the appeal.
Court of Appeal, High Court, judicial review, company dissolution, costs order, execution of costs, delay justification, COVID-19 pandemic, "void ab initio", prejudice, appeal dismissal, Registrar of Companies, Rules of the Superior Courts (RSC), Data Protection Act 2018, European Convention on Human Rights, abuse of process, test case, adjudication of costs.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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