The claim had been settled before action, and costs only proceedings had been instigated. He appealed a decision as to the award of costs in that case. The question was whether the phrase ‘the proceedings which gave rise to the assessment proceedings’ referred to the only actual proceedings, the costs claim, or to the settled claim.
Held: CPR 47.19 does not contain any simple mechanism for deciding how the costs of the assessment proceedings should fall if the offer is accepted or refused (when with hindsight it should have been accepted). 44.12A had been introduced to deal with costs only cases. Until the time the substantive claim is settled, the ‘proceedings’ relate to liability and the amount of any compensation. After the substantive claim is settled, the ‘proceedings’ relate to the assessment of the costs the paying party has to pay.
Judges:
Lord Justice Schiemann, Lord Justice Brooke and Lord Justice Jonathan Parker
Citations:
[2003] EWCA Civ 350, Times 25-Mar-2003, Gazette 22-May-2003, [2003] RTR 33, [2003] CP Rep 43, [2003] 1 WLR 2033, [2003] 2 All ER 856, [2003] 3 Costs LR 377
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Callery v Gray, Russell v Pal Pak Corrugated Ltd (No 1) CA 18-Jul-2001
Claimants in modest, straightforward personal injury claims cases should have re-imbursed to them by the defendant, the cost of after the event insurance, if necessary by costs only proceedings. The solicitor’s success fee should also be recovered. . .
Lists of cited by and citing cases may be incomplete.
Costs, Civil Procedure Rules
Updated: 20 November 2022; Ref: scu.179776
