Source: All England Reporter
Publisher Citation: [2002] All ER (D) 345 (Oct)
Court: Chancery Division

Alan Steinfeld QC sitting as a deputy judge of the High Court

Representation Richard Edwards (instructed by Wragge & Co) for the applicant.
  Christopher Spratt (instructed by Garbett Singleton Saunders) for the respondent.
Judgment Dates: 23 October 2002


Costs - Order for costs - Payment of costs to non-party - Discretion of court - Grant of costs order - ss 34, 51 - CPR Pt 34, 48.1, 48.2.

The Case

The applicant bank's application to be joined as a party in the action for the purposes of costs, and for an order for costs in its favour against the respondent, where it had complied with a witness summons served by the respondent on one of its employees, would be granted in circumstances where Pt34 of the CPR which the respondent had applied under did not make any provision for such payment. The court would grant the order as it had jurisdiction to do so through the combined effect of s51 of the and CPR48.2.

Practice Areas

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