Dadourian Group International Inc & Ors v Simms & Ors [2009] EWCA Civ 1327 (09 December 2009)

Dadourian Group International Inc & Ors v Simms & Ors [2009] EWCA Civ 1327 (09 December 2009)

The Court of Appeal does not have jurisdiction to grant the declaration sought regarding set off of costs or to direct the issue of a final costs certificate; these matters are within the discretion of the costs judge, who may order set off under the Civil Procedure Rules.

Citation
[2009] EWCA Civ 1327
Parties
Respondents: Dadourian Group International Inc. & Ors; Appellants: Paul Francis Simms & Ors
Jurisdiction
England and Wales
Judgment Date
09 December 2009
Procedural Posture
Civil Appeal / Post Judgment Application in Court of Appeal
Outcome
Application dismissed
Legal Topics
Costs, Set Off, Final Costs Certificate, Jurisdiction of Court of Appeal
Civil Procedure Costs Set Off Final Costs Certificate Jurisdiction of Court of Appeal

Case Brief

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Parties

Dadourian Group International Inc. & Ors

Respondents

Paul Francis Simms & Ors

Appellants

Procedural Posture

Civil Appeal / Post Judgment Application in Court of Appeal

Legal Issues

  1. 1 Whether the Court of Appeal has jurisdiction to grant a declaration regarding set off of costs
  2. 2 Whether the costs judge can issue a final costs certificate without set off
  3. 3 Whether set off of costs is a matter for the costs judge's discretion

Ratio Decidendi

The Court of Appeal does not have jurisdiction to grant the declaration sought regarding set off of costs or to direct the issue of a final costs certificate; these matters are within the discretion of the costs judge, who may order set off under the Civil Procedure Rules.

Court Disposition

Application dismissed