Source: All England Reporter
Publisher Citation: [2002] All ER (D) 227 (Mar)
Court: Court of Appeal, Civil Division

Mantell LJ and Sir Swinton Thomas

Representation The claimants appeared in person.
  The first defendant appeared in person.
Judgment Dates: 15 March 2002


Costs - Summary assessment of costs - Summary assessment not being made on day of hearing - Claimants having applied to adjourn trial - Judge having ordered costs of application to be considered by trial judge - Trial judge ordering costs of application to be paid by claimants - Whether trial judge having power to make summary assessment of costs - CPR PD 44, para 13.8.

The Case

A judge did not, by virtue of para13.8 of CPR PD44, have the power to undertake a summary assessment of the costs of an application which had been heard by a different judge.

Practice Areas

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