In a personal injury action, the infant plaintiff obtained judgment in his favour for damages to be awarded. On appeal that judgment was reversed and judgment was entered in favour of the defendant ‘with the costs including the costs of this appeal’. The costs having been taxed, the defendant’s solicitor proposed to issue a writ of fi. fa. against the infant plaintiff’s next friend, but was told that that was not possible as no order had been made against him. There followed an application for the order to be amended.
Held: When the court had allowed the appeal of the defendant it was asked to order that judgment should be entered for her with costs. That was the order drawn up. ‘In his opinion the addition now asked for was not one that could be made under the slip rule. That rule was intended for the correction of an order which, as drawn up, did not express that which was decided by the Court. It was quite possible that an order in the terms now asked for might have been made if an application had been made at the time, but no such application was made.’
Judges:
Scrutton LJ
Citations:
[1931] WN 171
Costs, Litigation Practice
Updated: 13 May 2022; Ref: scu.200473
