Source: All England Reporter
Publisher Citation: [2002] All ER (D) 123 (Jan)
Court: Chancery Division
Judge:

Jacob J

Representation Andrew Latimer (instructed by Stripes, Manchester) for the applicant.
  Martin Gibson (instructed by Michael Slater) for the respondent.
Judgment Dates: 21 January 2002

Catchwords

Judgment - Order - Costs - Claimants issuing three separate proceedings against applicant - Court dismissing actions against applicant and awarding him costs - Applicant applying to vary costs order before order sealed - Whether exceptional circumstances existing for court to review order.

The Case

It was clear that where the court had made an order, it had the power to change it before the order was sealed. However, the jurisdiction to do so was to be exercised sparingly, or strong reasons, and only in exceptional circumstances. In the instant case, the complicated and multifarious actions against the applicant, and the failure of his legal representative to make further submissions regarding the remainder of the costs amounted to exceptional circumstances justifying review of the order.

Practice Areas

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