MacDonald v Taree Holdings Ltd [2001] EWCA Civ 312 (21 February 2001)

MacDonald v Taree Holdings Ltd [2001] EWCA Civ 312 (21 February 2001)

The failure to serve a schedule of costs 24 hours before the hearing is a factor to be considered in costs decisions, but it is not determinative by itself. The Deputy District Judge erred in treating it as such, and Mr Justice Neuberger was entitled to overturn that decision. No important point of principle or practice arises to justify a second appeal.

Citation
[2001] EWCA Civ 312
Parties
Respondent/appellant: Robert Macdonald; Applicant/respondent: Taree Holdings Ltd
Jurisdiction
England and Wales
Judgment Date
21 February 2001
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal (second Appeal)
Outcome
Application for permission to appeal refused
Legal Topics
Costs, Summary Assessment, Practice Direction Compliance, Appeals Process
Civil Procedure Costs Summary Assessment Practice Direction Compliance Appeals Process

Case Brief

Summary, issues, holding and outcome

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Parties

Robert Macdonald

Respondent/appellant

Taree Holdings Ltd

Applicant/respondent

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal (second Appeal)

Legal Issues

  1. 1 Whether failure to serve a schedule of costs 24 hours before hearing is determinative for costs orders
  2. 2 Whether appellate courts should look beyond the judgment to submissions/transcripts
  3. 3 Whether a sanction for late service of costs schedule is mandatory or discretionary

Ratio Decidendi

The failure to serve a schedule of costs 24 hours before the hearing is a factor to be considered in costs decisions, but it is not determinative by itself. The Deputy District Judge erred in treating it as such, and Mr Justice Neuberger was entitled to overturn that decision. No important point of principle or practice arises to justify a second appeal.

Court Disposition

Application for permission to appeal refused

Orders

  • Permission to appeal refused; no further orders made