Event and Time
Event Description
The case revolves around Mr. John Preston's application in a longstanding legal dispute originally initiated in 1993 regarding unpaid legal fees involving defendant solicitors. The application sought leave to file a verified statement of claim to set aside various costs orders made between 1995 and 2014.
Application and Claims
- Application for Leave: Mr. Preston sought leave to file a verified statement of claim dated 17 September 2019 and also to rely on affidavits served after 16 August 2019.
- Claims Made: The verified pleading aimed to set aside:
- Ten costs orders (Adverse Costs Orders) issued in the 1993 proceeding from 1995 to 2014. - Two costs orders from the Court of Appeal related to a leave to appeal application.
Judicial Decisions
- Affidavit Leave: The court granted leave for Mr. Preston to rely on affidavits filed after the deadline as part of his application.
- Verified Statement of Claim: The court refused to grant leave for Mr. Preston to file the verified statement of claim based on several grounds discussed further below.
Dispute Points and Legal Basis
Dispute Points
- Plaintiff's Arguments:
- Claims that the costs orders should be set aside based on purported jurisdictional issues and alleged errors in the previous decisions. - Argues that the current circumstances warrant a reassessment of the adverse costs orders.
- Defendant's Arguments:
- Contends that the doctrine of Anshun estoppel prevents the plaintiff from making his claims due to previous failures to challenge the costs orders when they were made. - Asserts that Mr. Preston's claims are an abuse of process, as he is essentially re-litigating settled matters. - Posits that the pleadings are inherently untenable and cannot succeed.