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Kingsley v Orban

2014

CHANCERY DIVISION

United Kingdom

CORAM

  • MR JUSTICE NUGEE

Areas of Law

  • Civil Procedure

AI Generated Summary

Mr Justice Nugee heard an appeal from Deputy District Judge Brafield’s costs order following Judith Orban’s successful application to set aside a statutory demand served by Laurence Kingsley for £6,500 relating to legal services. Mark Williams of W Davies warned Kingsley to withdraw by 4pm on 3 July 2013; after a 4 July call where Kingsley said he would withdraw, Williams reasonably insisted on written confirmation and continued preparing the application because both he and Orban were unavailable on Monday 8 July, the deadline. Williams filed the application on 5 July before receiving Kingsley’s DX letter. On appeal, Nugee J upheld the finding that Williams was not over‑hasty, and applied Neuberger J’s guidance in MacDonald v Taree Holdings to treat Williams’ late N260 service as a mere failure without aggravating factors. Minimal prejudice and reasonable costs led the court to affirm the summary assessment and dismiss both grounds of appeal.