‘ proceedings at first instance and in this court are ordinarily treated as separate proceedings and in my judgment they support the conclusion that the costs of and incidental to one are not ordinarily treated as the costs of and incidental to the other. The costs of a party in this court would not ordinarily be regarded as the costs of and/or incidental to the costs at first instance. Equally I do not think that the costs of an appeal would ordinarily be regarded as costs incurred in connection with the proceedings at first instance.’
Clarke LJ
[2001] EWCA Civ 637, [2001] L and TR 30, [2002] 1 WLR 281
4/5/2001
England and Wales
Cited by:
Cited – Plevin v Paragon Personal Finance Ltd SC 29-Mar-2017
The court had ordered the respondent to pay the claimant’s costs. These were high because the solicitors had acted under a conditional fee agreement, and disproportionate to the funds at issue. The respondents challenged assignments of the original . .
Lists of cited by and citing cases may be incomplete.
Updated: 27 September 2021; Ref: scu.668242