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Insufficient reasons given to grant ‘additional stay’ on costs order pending conclusion of separate action
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Court of Appeal, following the grant of a stay on an order for costs pending the conclusion of the proceedings, refuses to grant an 'additional stay', pending the conclusion of proceedings against a different party, where: (a) in the application, the applicant had failed to disclose the fact that the defendant in the other proceedings had applied for an order striking out the action; (b) the applicant had attempted to engage in correspondence with the court; and (c) the applicant had failed to convince the court that the defendant in the instant proceedings should be further delayed in the execution of the orders for costs already made.
Judgment of the court: Previous judgment - appeal from refusal of judge to recuse himself - application to confirm a reduction of share capital in company - sections84 and 85 of the Companies Act 2014 - costs of two appeals - application for stay on costs order - stay granted - further application for 'additional stay' pending determination of separate proceedings - failure of applicant to inform court that an application had been made in the separate proceedings to have proceedings struck out - directions for remote hearing of application, in light of Covid-19 arrangements - allegations of bias - placing other parties on notice of proceedings - 'court-instigated' collusion - submission by applicant that court had failed to comply with Regulation (EC) No 1393/2007 - service of judicial documents - consideration of correspondence from applicant - importance of costs in the administration of justice - stay on orders for costs - Order 42, rule 17 - discretion on court - whether orders made could be 'unravelled' in the event of other proceedings succeeding.
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