Revisiting no order as to costs; summary assessment forms change; new appeal points; housing provider slips up; ECJ on flight compensation; bundle inheritance
NOT TOO LATE, TOO MUCH
The general rule is that when the court makes an order which is silent on costs, no party is entitled to costs. That’s CPR 44.10 (1) (a). The general rule also applies to family proceedings. That’s FPR 28.2.
Can a retrospective order for costs be made? Yes. The Court of Appeal has just so ruled in the children case of Timokhina v Timokhin [2019] EWCA Civ 1284. Whether the court would actually make the retrospective order, stated vice-president Underhill LJ, is to depend on the circumstances of the case and the application would be considered against the backdrop of CPR 44.10 (1)(a).
The costs sought by the father in this case were eye watering. The mother having conceded that she would withdraw an appeal to a circuit judge and pay standard basis costs, a hearing proceeded to solely determine the basis of assessment. The circuit judge decided on indemnity costs and proceeded to summarily
