Publisher Citation: [2002] All ER (D) 313 (Mar)
Court: Queen's Bench Division
Judge:

Morland J

Representation Benjamin Browne QC (instructed by Bevan Ashford) for the authority.
  Deirdre Goodwin (instructed by Wolferstans) for the claimant.
Judgment Dates: 14 March 2002

Catchwords

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.

The Case

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?

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