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.
