Haji-Ioannou v Frangos & Ors [2006] EWCA Civ 1663 (06 December 2006)

Haji-Ioannou v Frangos & Ors [2006] EWCA Civ 1663 (06 December 2006)

Inordinate delay in commencing detailed assessment proceedings does not automatically justify disallowance of costs under CPR 44.14(2)(a); such a sanction is only appropriate where the delay amounts to misconduct, which was not established here, especially as no prejudice was caused and the prescribed sanction of disallowance of interest was applied.

Citation
[2006] EWCA Civ 1663
Parties
Appellant/claimant: Loucas Haji-Ioannou; Respondents/defendants: Ioannis Frangos & ors
Jurisdiction
England and Wales
Judgment Date
06 December 2006
Procedural Posture
Civil Appeal / Second Appeal From High Court (chancery Division) to Court of Appeal, Concerning Assessment of Costs
Outcome
Appeal dismissed
Legal Topics
Assessment of Costs, Delay in Detailed Assessment Proceedings, Sanctions for Non Compliance With Procedural Rules, Interpretation of CPR 44.14 and 47.8
Civil Procedure Costs Assessment of Costs Delay in Detailed Assessment Proceedings Sanctions for Non Compliance With Procedural Rules Interpretation of CPR 44.14 and 47.8

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Parties

Loucas Haji-Ioannou

Appellant/claimant

Ioannis Frangos & ors

Respondents/defendants

Procedural Posture

Civil Appeal / Second Appeal From High Court (chancery Division) to Court of Appeal, Concerning Assessment of Costs

Legal Issues

  1. 1 Whether inordinate delay in commencing detailed assessment of costs justifies disallowance of costs under CPR 44.14(2)(a)
  2. 2 Whether the only sanction for delay is disallowance of interest under CPR 47.8
  3. 3 How the discretion under CPR 44.14 should be exercised in cases of delay

Ratio Decidendi

Inordinate delay in commencing detailed assessment proceedings does not automatically justify disallowance of costs under CPR 44.14(2)(a); such a sanction is only appropriate where the delay amounts to misconduct, which was not established here, especially as no prejudice was caused and the prescribed sanction of disallowance of interest was applied.

Court Disposition

Appeal dismissed

Orders

  • No disallowance of costs beyond the agreed disallowance of interest
  • Costs certificate issued for £326,996.48