|| All ER (D) 313 (Mar)
||Queen's Bench Division
||Benjamin Browne QC (instructed by Bevan Ashford) for the authority.
||Deirdre Goodwin (instructed by Wolferstans) for the claimant.
||14 March 2002
Costs - Order for costs - Discretion - Permission to accept payment-in after 21 days - Confusion about expert's position not resolved until after 21 days elapsing - Approach to question of defendant's costs - Whether defendant entitled to its costs from 21 days after payment-in - CPR 36, 44.3.
It would be a very exceptional case indeed when it would be justifiable within a judge's permissible margin of discretion for the judge not to make the usual order for costs in favour of the defendant on an application by the claimant for permission to take out money paid in court after the 21 day period. The question that should be asked was whether there were exceptional grounds on which it would be fair and reasonable to deprive the defendant, the successful party after the payment-in, of its costs?
- The All England Law Reports comprises judgments with headnotes and catchwords indicating the area of law and key issues of the case prepared by legally qualified editorsFind AllER Reports
- Cases related to this particular case that are related to, or discuss this caseView related cases
- Commentary discussing this particular case from LexisLibrary's comprehensive range of titles including Butterworths, Halsbury's and TolleyView related commentary