header-logo header-logo

07 December 2012
Issue: 7541 / Categories: Case law , Judicial line , In Court
printer mail-detail

Summary blushes

Is it common practice to refuse a party his costs on an interlocutory civil hearing...

Is it common practice to refuse a party his costs on an interlocutory civil hearing where he has been successful, simply because he has failed to file and serve his statement of costs in a CPR compliant way?

It would be rare to do so. CPR PD 44.13.6 provides that a failure “will be taken into account...in deciding what order to make...and about the costs of any further hearing or detailed assessment that may be necessary as a result of the failure”. The judge may put the hearing back to allow a statement to be compiled and/or served and the paying party an opportunity to consider it and then summarily assess later in the list or adjourn to another day for assessment—and this must be before the same judge—while at the same time indicating that the receiving party is unlikely to receive costs of reattending and an allowance may be made for the reattendance costs of the receiving party. The amount to be paid may then be quickly resolved.

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

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll