The Kings’ Chambers costs team clarify costs arguments after two recent decisions
After a period of some uncertainty, the Court of Appeal in two recent cases, Drew v Whitbread [2010] EWCA Civ 53 and O’Beirne v Hudson [2010] EWCA Civ 52, has clarified the law relating to what arguments on costs must be put before the trial and costs judge respectively. The two cases were heard consecutively before the same Court of Appeal and judgment in each was handed down at the same time. In both cases the court was assisted by Senior Costs Judge Hurst. The main judgments were delivered by Waller LJ, with whom Hooper and Etherton LJJ agreed.
Background
These two judgments should be considered against the background of the judgments in Aaron v Shelton [2004] EWCA 1162 (QB), [2004] 3 All ER 561 and Ultraframe (UK) Ltd v Fielding (Costs) [2006] EWCA Civ 1660, [2007] 2 All ER 983.
Drew v Whitbread was a second
