Senior counsel for the unsuccessful appellant asked the Court to note that the five residuary legatees, respondents in the appeal, appeared by four different sets of counsel. He did not, expressly, ask for any particular costs order. Lindley LJ asked counsel for one of the respondents, ‘the question is at whose expense [do the different counsel for the respondents] appear’. He submitted in reply to the effect that, the appeal having failed, each was entitled to costs according to the ordinary rule.
Held: Lindley LJ said: ‘In these cases there is always a discretion in the Court of Appeal as to the orders it ought to make with reference to the question of costs; and the Court is bound to see that its orders are not necessarily oppressive. It appears to me that in this case there really was no sensible reason for all parties appearing by separate solicitors . . I think it would be oppressive to allow more than one set of costs.’
The court used its own inherent power to order enquiries to be made by the Official Solicitor to assist the court to ensure that justice is done between the parties. He is appointed to act where, if this were not done, there would be a denial or miscarriage of justice.
AL Smith LJ stated ‘We have an officer of this Court who is called the Official Solicitor. In my judgment, that officer is appointed Official Solicitor to the Court in order that a Judge when he sees before him certain matters which he wants investigated, and as regards the absolute accuracy of which counsel is not instructed, and has no knowledge whatever, may communicate with that official in order that the Judge may be informed as to where the real truth of the case lies.’
Rigby LJ said that the Official Solicitor may: ‘be appointed to act where, if this were not done there would be either a denial or miscarriage of justice.’
Judges:
Lindley, A L Smith and Rigby LJJ
Citations:
(1896) 1 Ch 351
Cited by:
Cited – A Local Authority v DL and Others FD 25-Oct-2010
Very elderly parents lived with their adult son. Though they had full capacity, the authority feared that their son had been violent towards them, and sought the assistance of the court. . .
Lists of cited by and citing cases may be incomplete.
Costs, Litigation Practice
Updated: 06 May 2022; Ref: scu.425545
