Joanna Lemos & Ors v Church Bay Trust Company & Ors

Joanna Lemos & Ors v Church Bay Trust Company & Ors

The costs management orders dated 11 October 2022 and 30 January 2023 bind the assessment and dictate how the bill of costs should be drawn. The court cannot revise or disapprove agreed budgeted costs, but must take into account any comments recorded on the face of the order regarding reasonableness and proportionality when assessing costs.

Parties
Claimant/paying Party: Joanna Lemos; Claimant/paying Party: Miriam Nichols; Claimant/paying Party: Kevin Hellard; Defendant/receiving Party: Church Bay Trust Company; Defendant/receiving Party: Roderick Forrest; Defendant/receiving Party: Kalliopi Lemos; Interested Party: BCR Legal Assist Limited
Jurisdiction
England and Wales
Judgment Date
20 November 2025
Procedural Posture
Costs Assessment / Preliminary Issue Determination Prior to Detailed Assessment
Outcome
Preliminary issue determined; costs management orders bind assessment; comments to be taken into account in detailed assessment.
Legal Topics
Costs Management Orders, Costs Budgeting, Detailed Assessment, Reasonableness and Proportionality, Case Management Discretion
Civil Procedure Costs Costs Management Orders Costs Budgeting Detailed Assessment Reasonableness and Proportionality Case Management Discretion

Case Brief

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Parties

Joanna Lemos

Claimant/paying Party

Miriam Nichols

Claimant/paying Party

Kevin Hellard

Claimant/paying Party

Church Bay Trust Company

Defendant/receiving Party

Roderick Forrest

Defendant/receiving Party

Kalliopi Lemos

Defendant/receiving Party

BCR Legal Assist Limited

Interested Party

Procedural Posture

Costs Assessment / Preliminary Issue Determination Prior to Detailed Assessment

Legal Issues

  1. 1 Effect of the costs management order dated 11 October 2022 on detailed assessment of Defendants’ costs
  2. 2 Effect of judge’s comments recorded in the order and judgment dated 30 January 2023

Ratio Decidendi

The costs management orders dated 11 October 2022 and 30 January 2023 bind the assessment and dictate how the bill of costs should be drawn. The court cannot revise or disapprove agreed budgeted costs, but must take into account any comments recorded on the face of the order regarding reasonableness and proportionality when assessing costs.

Court Disposition

Preliminary issue determined; costs management orders bind assessment; comments to be taken into account in detailed assessment.

Orders

  • Costs of this step reserved.
  • Detailed assessment to resume on 25 February 2026.