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Tidal Energy Ltd v Bank of Scotland Plc [2014] EWCA Civ 847 (30 April 2014)
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LADY JUSTICE ARDEN: This is an application for a costs capping order under CPR 3.19. The application was originally put under CPR 52.9A as well but, in my judgment, that order does not apply because these are not proceedings to which costs recovery are normally limited or excluded at first instance. That interpretation has recently been adopted by this court in JE (Jamaica) v Secretary of State for the Home Department [2014] EWCA Civ 192. I need therefore say no more about that provision of the CPR, the conclusion which my Lord, Jackson LJ, reached would have been the interpretation I would have placed on it in any event.
This application is made in an appeal brought by Tidal Energy Ltd which is, if I may put it this way, a start up company in the wave energy industry, against a very substantial bank out of the "payment" of a sum of £217, 781.57 via CHAPS which unfortunately arrived in the wrong account holder's account and which was immediately removed and cannot be returned.
LADY JUSTICE ARDEN: This is an application for a costs capping order under CPR 3.19. The application was originally put under CPR 52.9A as well but, in my judgment, that order does not apply because these are not proceedings to which costs recovery are normally limited or excluded at first instance. That interpretation has recently been adopted by this court in JE (Jamaica) v Secretary of State for the Home Department [2014] EWCA Civ 192. I need therefore say no more about that provision of the CPR, the conclusion which my Lord, Jackson LJ, reached would have been the interpretation I would have placed on it in any event.
This application is made in an appeal brought by Tidal Energy Ltd which is, if I may put it this way, a start up company in the wave energy industry, against a very substantial bank out of the "payment" of a sum of £217, 781.57 via CHAPS which unfortunately arrived in the wrong account holder's account and which was immediately removed and cannot be returned.
