A Taxing Master’s refusal of a certificate for point of principle on taxation is reviewable. Henry LJ: ‘Counsel for the Taxing Master conceded that such a jurisdiction existed but submitted that it should be restricted to cases where there had been a real injustice. I agree with both that concession and, in general terms, with the limitation on it. In his refusal to certify, the Taxing Master was exercising a ‘strong’ discretion entrusted under the statutory scheme to him. The cases where the supervisory court could reverse a failure to certify would, in the circumstances, be very rare indeed. In those circumstances, in my judgment, we should treat the complaints made in the judicial review as a deemed application under the inherent jurisdiction of the court and I, for my part, would do so.’
Judges:
Henry LJ
Citations:
Times 03-May-1995, [1997] 1 Costs LR 49
Statutes:
Children and Young Persons Act 1969 23(5)
Jurisdiction:
England and Wales
Cited by:
Cited – Brewer, Regina (on the Application of) v Supreme Court Costs Office Admn 27-Jul-2006
The defendant had been acquitted. Orders had been made both for payment of his legal costs, and also for re-imbursement of his own costs. The defendant was accused of serious fraud, and had engaged an American attorney to assist him before . .
Lists of cited by and citing cases may be incomplete.
Costs
Updated: 11 June 2022; Ref: scu.88133
