Khaira & Ors v Shergill & Ors

Khaira & Ors v Shergill & Ors

A party awarded costs of an interlocutory appeal is not entitled to immediate assessment without an express order. The costs judge has no jurisdiction to order immediate assessment if the appellate court has not made such an order. The Supreme Court's order did not entitle the respondents to immediate assessment of their Court of Appeal costs.

Parties
Appellants/defendants: Mohinder Singh Khaira & Others; Respondents/claimants: Daljit Singh Shergill & Others
Jurisdiction
England and Wales
Judgment Date
27 October 2017
Procedural Posture
Civil Appeal / Appeal From High Court to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Assessment of Costs, Interlocutory Appeals, Jurisdiction of Costs Judge
Civil Procedure Costs Assessment of Costs Interlocutory Appeals Jurisdiction of Costs Judge

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 14 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Mohinder Singh Khaira & Others

Appellants/defendants

Daljit Singh Shergill & Others

Respondents/claimants

Procedural Posture

Civil Appeal / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether a party awarded costs of an interlocutory appeal is entitled to immediate assessment without an express order
  2. 2 Whether a costs judge has jurisdiction to order immediate assessment if the appellate court has not made such an order
  3. 3 Whether the Supreme Court's order entitled the respondents to immediate assessment of their Court of Appeal costs

Ratio Decidendi

A party awarded costs of an interlocutory appeal is not entitled to immediate assessment without an express order. The costs judge has no jurisdiction to order immediate assessment if the appellate court has not made such an order. The Supreme Court's order did not entitle the respondents to immediate assessment of their Court of Appeal costs.

Court Disposition

Appeal allowed

Orders

  • The decision of the Deputy Judge and Master Simons is set aside.