It was wrong to deprive a party of his costs because only of his failure to serve an appropriate schedule of costs at least 24 hours before the summary assessment hearing. The court should consider first, a brief adjournment, and second whether the case should be stood over for a detailed assessment, and third whether it should be stood over for a summary assessment. In the absence of other aggravating features, it was wrong to refuse entirely a party his costs. The remedy was disproportionate. The court should make use of other ways of penalising a party in default.
Citations:
Times 28-Dec-2000, Gazette 08-Feb-2001
Statutes:
Jurisdiction:
England and Wales
Commercial, Litigation Practice
Updated: 04 June 2022; Ref: scu.83270