Thompson v Anderson

Thompson v Anderson

Because the court's orders summarily assessed all costs without reserving the additional liability for detailed assessment, the Costs Officer was wrong to allow success fees on those costs; the Respondent should have made clear at the time that only base costs were being assessed if additional liability was to be reserved.

Parties
Claimant/appellant: Wayne Thompson; Defendant/respondent: Agatha Anderson
Jurisdiction
England and Wales
Judgment Date
09 December 2003
Procedural Posture
Costs Appeal / Judgment on Appeal Against Detailed Assessment of Costs
Outcome
Appeal allowed
Legal Topics
Conditional Fee Agreements, Success Fees, Detailed Assessment, Summary Assessment, Civil Procedure Rules
Civil Procedure Costs Conditional Fee Agreements Success Fees Detailed Assessment Summary Assessment Civil Procedure Rules

Case Brief

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Parties

Wayne Thompson

Claimant/appellant

Agatha Anderson

Defendant/respondent

Procedural Posture

Costs Appeal / Judgment on Appeal Against Detailed Assessment of Costs

Legal Issues

  1. 1 Whether success fees (additional liability) could be allowed on costs summarily assessed after proceedings had concluded
  2. 2 Whether the Costs Officer was correct to allow success fees on post-discontinuance costs

Ratio Decidendi

Because the court's orders summarily assessed all costs without reserving the additional liability for detailed assessment, the Costs Officer was wrong to allow success fees on those costs; the Respondent should have made clear at the time that only base costs were being assessed if additional liability was to be reserved.

Court Disposition

Appeal allowed

Orders

  • Respondent's time for applying for permission to appeal expires seven days after judgment
  • Respondent to pay costs of the appeal assessed at £1,351.25 within 14 days