The matter had been settled by a consent order providing for costs on a standard basis, however the costs judge had decided that the matter would if it had proceeded, have been allocated to the small claims track, and therefore limited his costs award accordingly.
Held: This was a consent order providing for costs to be assessed on the standard basis; the addition of the words reasonable added nothing to the order that costs were to be assessed on that basis. It followed that the costs judge was not free to rule that the costs would be assessed on the small claims track basis.
Judges:
Waller VP LJ, Hooper LJ, Etherton LJ, Hurst SCJ
Citations:
[2010] EWCA Civ 52
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Drew v Whitbread CA 9-Feb-2010
The personal injury claimant sought to raise on taxation, matters not put to the trial judge when making the costs order. The personal injuries case had been allocated to the multi-track. The judge at trial had awarded costs on the standard basis, . .
Cited – L v L (Costs: Legal Aid Taxation) CA 26-Jan-1996
Solicitors hourly rates are not to be artificially reduced by use of averages. The judge had placed too much weight on artificially low average hourly rates.
Neill LJ considered recent cases and set out five propositions to be applied by the . .
Cited – Voice and Script International Ltd v Alghafar CA 8-May-2003
The court has a wide discretion whether to order the assessment of costs on an indemnity basis and the court of Appeal will rarely disturb the judge’s order as to costs.
Judge LJ said: ‘By treating the absence of allocation to track as . .
Cited by:
See Also – Drew v Whitbread CA 9-Feb-2010
The personal injury claimant sought to raise on taxation, matters not put to the trial judge when making the costs order. The personal injuries case had been allocated to the multi-track. The judge at trial had awarded costs on the standard basis, . .
Lists of cited by and citing cases may be incomplete.
Costs
Updated: 13 August 2022; Ref: scu.396634