The Court of Appeal has set out costs orders following its May ruling in proceedings brought by Declan and Marie Geary, and said their deadline to deliver a statement of claim could be extended to 5pm on 8 September 2020, subject to any reasoned objection from three respondents within seven days of the 21 July judgment.
The ruling was delivered by Mr Justice Murray on 21 July, with Ms Justice Baker and Mr Justice Haughton agreeing. It concerns the consequences of the court’s substantive judgment of 8 May, which allowed the Gearys’ appeal against dismissal of their proceedings against the Property Registration Authority, Ennis Property Finance Designated Activity Company and Tom Kavanagh. Their appeal concerning Bank of Scotland plc and Maples & Calder, Solicitors was unsuccessful. The court also refused their appeal against the refusal of interlocutory injunctive relief.
The court ordered that the Gearys recover reasonable outlays and expenses relating to the dismissal application by Ennis Property Finance and Tom Kavanagh in both the High Court and Court of Appeal. They were also awarded reasonable expenses in the Court of Appeal relating to the successful appeal concerning the Property Registration Authority. The amounts are to be adjudicated under the Legal Services Regulation Act 2015 if not agreed. These orders are stayed pending the outcome of separate proceedings brought by a receiver.
Bank of Scotland and Maples & Calder were awarded their costs of the proceedings in both courts. The High Court costs are stayed pending the receiver’s proceedings; the appeal costs are not. The Property Registration Authority and Tom Kavanagh were awarded the costs of the Gearys’ injunction application in both courts, with those orders stayed pending the receiver’s proceedings.
The court’s 8 May judgment had directed the Gearys to deliver a statement of claim within eight weeks, with their claims against the first, second and fourth named respondents to stand dismissed if they did not. The Gearys, who are representing themselves, said delays concerning the perfected order and the COVID pandemic affected their ability to comply. They also sought a stay pending a possible Supreme Court appeal. The court refused that stay, saying the statement of claim should be delivered so the defendants could respond. If the Supreme Court later grants leave and the Gearys succeed on a relevant issue, they could apply to amend their proceedings.
The court said the deadline extension would not be extended further. If any of the first, second or fourth respondents filed a reasoned objection within seven days, the matter would be ruled on. The order also provides that if the statement of claim is not delivered by 5pm on 8 September, the proceedings stand dismissed, with costs in favour of the first, second and third respondents. The High Court costs order was varied accordingly.