Costs Orders
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Two recent Court of Appeal decisions highlight the willingness of the Court to allow a wide discretion on assessment to allow costs which appear to be at odds with the final Order in the substantive proceedings.
In O'Beirne and Hudson the Court of Appeal held that a Costs Judge is entitled to consider whether it is reasonable for a paying party to pay more than would have been allowed in a case that should have been allocated to the Small Claims Track, even though the case had not been allocated and the paying party had consented to an Order providing for reasonable costs to be paid on the standard basis.
In another case, Drew and Whitbread which was heard immediately after O'Beirne and Hudson, the Court held that it was open to a Costs Judge when assessing the costs of a Multi Track case to limit the costs allowed to those prescribed in the Fast Track and that that discretion was open to the Costs Judge even if the issue had not been raised before the Trial Judge.
Both cases highlight that care should be taken to ensure that the wording of the final Order is precise so that both parties know exactly what they are agreeing to, otherwise there may be arguments at a later date about the basis of assessment.
If you would like to have a word about this, or indeed any other costs issues, please don't hesitate to contact me.
Andrew
A Neat Legal Services
Law Costs Draftsmen and Costs Consultants.
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