Crosbie v Munroe & Anor

Crosbie v Munroe & Anor

The 'costs of the proceedings which gave rise to the assessment proceedings' under CPR 47.19 do not include the costs of the Part 8 costs-only proceedings themselves; those costs are distinct and must be considered separately. The appeal is allowed as the lower courts erred in treating the CPR 47.19 offer as all-inclusive of Part 8 costs.

Parties
Claimant/appellant: Robert Crosbie; First Defendant: Stephen Munroe; Second Defendant/respondent: Motor Insurers’ Bureau
Jurisdiction
England and Wales
Judgment Date
14 March 2003
Procedural Posture
Civil Appeal / Appeal From Liverpool County Court Decision on Costs Only Proceedings
Outcome
Appeal allowed
Legal Topics
Costs Only Proceedings, Interpretation of CPR 47.19, Incidence of Costs in Assessment Proceedings
Civil Procedure Costs Costs Only Proceedings Interpretation of CPR 47.19 Incidence of Costs in Assessment Proceedings

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Parties

Robert Crosbie

Claimant/appellant

Stephen Munroe

First Defendant

Motor Insurers’ Bureau

Second Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From Liverpool County Court Decision on Costs Only Proceedings

Legal Issues

  1. 1 Whether a CPR 47.19 offer to settle costs in costs-only proceedings includes the costs of the Part 8 proceedings themselves
  2. 2 Proper interpretation of 'costs of the proceedings which gave rise to the assessment proceedings' under CPR 47.19

Ratio Decidendi

The 'costs of the proceedings which gave rise to the assessment proceedings' under CPR 47.19 do not include the costs of the Part 8 costs-only proceedings themselves; those costs are distinct and must be considered separately. The appeal is allowed as the lower courts erred in treating the CPR 47.19 offer as all-inclusive of Part 8 costs.

Court Disposition

Appeal allowed

Orders

  • Order of Judge Mackay (28 June 2002) and Deputy District Judge McNamara (8 March 2002) set aside
  • Second Defendant to pay Claimant’s costs of the assessment proceedings and of the appeals, subject to detailed assessment if not agreed