How should the thrown away costs of the other side be dealt with?
A final hearing has to be adjourned because counsel for one of the parties meets with an accident on the way to court and is taken to hospital. How should the thrown away costs of the other side be dealt with?
The majority view is that costs should be determined on the day rather than being reserved and that they should be “in the case”.
The rationale for this is that such an unfortunate occurrence is one of the accidents of life and should be dealt with in the same way as an abortive hearing due to the sudden illness of the judge or a party.
The dissenting view in the team is that an accident to counsel is a matter between counsel, his instructing solicitor, and the client and that it can hardly be laid at the door of the other party who should have his costs.
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