header-logo header-logo

Costs

01 March 2012
Issue: 7503 / Categories: Case law , Law digest , In Court
printer mail-detail

Dockerill and another (minors by their litigation friend) v Tullett; Macefield (a minor by his litigation friend) v Bakos; Tubridy (by her litigation friend) v Sarwar [2012] EWCA Civ 184, [2012] All ER (D) 167 (Feb)

In circumstances where an order was for a detailed assessment of costs on the standard basis, the court’s obligation under CPR 44.5(1)(a) was to decide whether the costs claimed were proportionately and reasonably incurred or were proportionate and reasonable in amount. That was a fundamentally different exercise from that under CPR Pt 27 where the court was not permitted to order the payment of any costs except those specified under CPR 27.14. The provisions of CPR 45.7(2) excluded certain types of case, including claims for sums below £1,000, from the predictive costs regime but did not otherwise dictate how those costs were to be dealt with. However, the combined effect of CPR 8.9(c) and CPR 21.10(2)(b)(i) was to make those types of cases multi-track claims to which CPR Pt 27 had no application.

The costs judge was required to look realistically at

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
In NLJ this week, Ian Smith, emeritus professor at UEA, explores major developments in employment law from the Supreme Court and appellate courts
Writing in NLJ this week, Kamran Rehman and Harriet Campbell of Penningtons Manches Cooper examine Operafund Eco-Invest SICAV plc v Spain, where the Commercial Court held that ICSID and Energy Charter Treaty awards cannot be assigned
back-to-top-scroll