‘In the event the [disposal] hearing fixed to take place on 2 October 2007, no longer needed for the purpose for which it had been fixed, was, surprisingly, used for another purpose, namely for the district judge to conduct a summary assessment of costs.
Paragraph 13.2 of the Practice Direction appended to Part 44 of the Rules makes clear that the general rule is that the court should make a summary assessment of costs only at the conclusion of a hearing relating to all or part of a substantive claim. Indeed the editors of the White Book 2008 explain, at 44.7.1, that ‘only the judge who hears the case is in a position to make a summary assessment of the costs, otherwise the issue of costs should be sent to a costs judge for consideration’; and a decision of this court, namely Mahmood v. Penrose [2002] EWCA Civ 457, is correctly cited in support of that proposition. The district judge had not heard part or all of the substantive claim. So how could he have conducted a summary assessment? The answer, such as it is, lies in a practice which has developed (so Dr Friston wrote when he drafted the skeleton argument in support of this proposed appeal and so Mr Ralph, who has appeared on behalf of the claimant before me this afternoon, also tells me) in the county courts of Bury, Wigan, Blackburn and surrounding areas. The practice is to allow parties to attend for a summary hearing at a discrete hearing before district judges (perhaps also even sometimes circuit judges) notwithstanding that they have not heard any part of the substantive claim. On the face of it, therefore, the practice is irregular; on the other hand, if the litigating public in the north west is happy with it, there may be something to be said for my turning a blind eye to it. I am clear that it would not be appropriate for me, at this without notice hearing, to slide from the point raised for my consideration into some pronouncement that the practice is unlawful and should stop.’
Citations:
[2009] EWCA Civ 151
Jurisdiction:
England and Wales
Costs
Updated: 08 May 2022; Ref: scu.422374