Upon interpleader proceedings in the county court with regard to the title to goods taken in execution the claimant succeeded. The county court judge gave the judgment creditors leave to appeal to the Divisional Court upon condition that, if successful, they should not ask for costs of the appeal. The judgment creditors appealed to the Divisional Court.
Copies of certain documents, which were necessary for the use of counsel and the judges upon the appeal to the Divisional Court, were provided by the judgment creditors. The Divisional Court dismissed the appeal. The judgment creditors obtained from the Court of Appeal leave to appeal from the decision of the Divisional Court, and did so appeal. The before-mentioned copies of documents were necessary, and were used for the purposes of that appeal. That appeal was successful, and the claimant was ordered to pay to the judgment creditors the costs of and incident to the appeal. The bill of costs delivered by the judgment creditors to the claimant included items in respect of the before-mentioned copies of documents, which upon taxation the Master disallowed.
Held: that these items were rightly disallowed by the Master as not representing costs incurred for the purposes of the appeal to the Court of Appeal.
[1910] 1 KB 535, [1910] UKLawRpKQB 30
Commonlii
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.668240