Royalton Ltd v Prichard

Royalton Ltd v Prichard

The Costs Judge does not have jurisdiction to order immediate detailed assessment of costs where the original order did not direct immediate assessment and proceedings are ongoing. The discretion to deviate from the general rule in CPR 47.1 lies with the court making the costs order, not the Costs Judge. The function of the Costs Judge is to implement, not alter, the order for costs. The application to set aside or defer the Notice of Commencement is allowed and detailed assessment is stayed until conclusion of the main proceedings or further order.

Parties
Claimant/receiving Party: Royalton Limited; Defendant/paying Party: James Prichard
Jurisdiction
England and Wales
Judgment Date
02 November 2011
Procedural Posture
Costs Assessment Application / Ruling on Application to Set Aside or Defer Notice of Commencement of Detailed Costs Assessment
Outcome
Application allowed. Detailed assessment stayed.
Legal Topics
Costs Assessment, Interlocutory Applications, Jurisdiction of Costs Judge, Civil Procedure Rules
Civil Procedure Costs Assessment Interlocutory Applications Jurisdiction of Costs Judge Civil Procedure Rules

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Parties

Royalton Limited

Claimant/receiving Party

James Prichard

Defendant/paying Party

Procedural Posture

Costs Assessment Application / Ruling on Application to Set Aside or Defer Notice of Commencement of Detailed Costs Assessment

Legal Issues

  1. 1 Whether the Costs Judge has jurisdiction to order immediate detailed assessment of costs where the original order did not direct immediate assessment and proceedings are ongoing
  2. 2 Whether the Notice of Commencement of detailed costs assessment should be set aside or deferred until conclusion of main proceedings

Ratio Decidendi

The Costs Judge does not have jurisdiction to order immediate detailed assessment of costs where the original order did not direct immediate assessment and proceedings are ongoing. The discretion to deviate from the general rule in CPR 47.1 lies with the court making the costs order, not the Costs Judge. The function of the Costs Judge is to implement, not alter, the order for costs. The application to set aside or defer the Notice of Commencement is allowed and detailed assessment is stayed until conclusion of the main proceedings or further order.

Court Disposition

Application allowed. Detailed assessment stayed.

Orders

  • Stay of detailed assessment of costs awarded in Royalton’s favour by Penry-Davey J until conclusion of litigation or further order.
  • Royalton’s time for applying for permission to appeal extended to 14 days after judgment.