In Newman Ltd v Adlem [2004] EWCA Civ 1492 (16 November 2004)

The defendant caused the costs by requiring and opposing the formal application for late admission of evidence; the judge's order was correct and within discretion.

Citation: [2004] EWCA Civ 1492
Parties: Respondent/claimant: In Newman Ltd; Appellant/defendant: Richard T Adlem
Jurisdiction: England and Wales
Judgment Date: 16 November 2004
Procedural Posture: Appeal / Application for Permission to Appeal Costs Order
Outcome: Permission to appeal refused
Legal Topics: Costs, Late Service of Witness Statements, Discretion in Costs Orders

Civil Procedure Costs Late Service of Witness Statements Discretion in Costs Orders

Case Brief

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Parties

In Newman Ltd

Respondent/claimant

Richard T Adlem

Appellant/defendant

Procedural Posture

Appeal / Application for Permission to Appeal Costs Order

Legal Issues

1 Whether the defendant should pay the claimant's costs for late service of witness statements
2 Whether the judge exercised discretion correctly in awarding costs

Ratio Decidendi

The defendant caused the costs by requiring and opposing the formal application for late admission of evidence; the judge's order was correct and within discretion.

Court Disposition

Permission to appeal refused

Orders

Defendant to pay claimant's costs as ordered by Deputy Judge