Tasleem v Beverley [2013] EWCA Civ 1805 (06 November 2013)

Tasleem v Beverley [2013] EWCA Civ 1805 (06 November 2013)

The costs of issuing Part 8 costs-only proceedings are not included in the fixed costs regime for detailed assessment/default costs certificates and must be determined by the court in its discretion; the default costs certificate does not conclude all costs issues where Part 8 proceedings have been issued.

Citation
[2013] EWCA Civ 1805
Parties
Claimant/respondent: Mr Karim Tasleem; Defendant/appellant: Mrs Judi Beverley; Claimant/respondent: Miss Gabriele Bartkauskaite (A Child by her litigation friend Mr Kestutis Ginkus); Defendant/appellant: Mrs Hurgita Bartkauskiene
Jurisdiction
England and Wales
Judgment Date
06 November 2013
Procedural Posture
Civil Appeal / Second Appeal From Chichester County Court, Challenging Costs Orders Following Part 8 Costs Only Proceedings
Outcome
Appeals dismissed
Legal Topics
Costs Only Proceedings, Default Costs Certificate, CPR Part 8, Detailed Assessment, Court Discretion on Costs
Civil Procedure Costs Costs Only Proceedings Default Costs Certificate CPR Part 8 Detailed Assessment Court Discretion on Costs

Case Brief

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Parties

Mr Karim Tasleem

Claimant/respondent

Mrs Judi Beverley

Defendant/appellant

Miss Gabriele Bartkauskaite (A Child by her litigation friend Mr Kestutis Ginkus)

Claimant/respondent

Mrs Hurgita Bartkauskiene

Defendant/appellant

Procedural Posture

Civil Appeal / Second Appeal From Chichester County Court, Challenging Costs Orders Following Part 8 Costs Only Proceedings

Legal Issues

  1. 1 Whether a claimant can recover the costs of Part 8 costs-only proceedings in addition to the amount specified in a default costs certificate under CPR rule 44.12A
  2. 2 Whether the costs of Part 8 proceedings are included in the fixed costs regime for detailed assessment/default costs certificates

Ratio Decidendi

The costs of issuing Part 8 costs-only proceedings are not included in the fixed costs regime for detailed assessment/default costs certificates and must be determined by the court in its discretion; the default costs certificate does not conclude all costs issues where Part 8 proceedings have been issued.

Court Disposition

Appeals dismissed

Orders

  • Claimants entitled to costs of Part 8 costs-only proceedings as summarily assessed by the lower court