Royalton Ltd v Prichard [2011] EWHC 90216 (Costs) (02 November 2011)

Royalton Ltd v Prichard [2011] EWHC 90216 (Costs) (02 November 2011)

The Costs Judge does not have jurisdiction to order immediate detailed assessment of costs where the original costs order did not specify immediate assessment and proceedings are ongoing; only the court making the costs order may deviate from the general rule in CPR 47.1.

Citation
[2011] EWHC 90216 (Costs)
Parties
Claimant/receiving Party: Royalton Limited; Defendant/paying Party: James Prichard
Jurisdiction
England and Wales
Judgment Date
02 November 2011
Procedural Posture
Costs Application Within Ongoing High Court Proceedings / Application to Set Aside or Defer Notice of Commencement of Detailed Costs Assessment Pending Conclusion of Main Action
Outcome
Application allowed; detailed assessment stayed
Legal Topics
Detailed Assessment of Costs, Interim Costs Orders, Jurisdiction of Costs Judge, Civil Procedure Rules (cpr) 47.1
Civil Procedure Costs Detailed Assessment of Costs Interim Costs Orders Jurisdiction of Costs Judge Civil Procedure Rules (cpr) 47.1

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Parties

Royalton Limited

Claimant/receiving Party

James Prichard

Defendant/paying Party

Procedural Posture

Costs Application Within Ongoing High Court Proceedings / Application to Set Aside or Defer Notice of Commencement of Detailed Costs Assessment Pending Conclusion of Main Action

Legal Issues

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

Ratio Decidendi

The Costs Judge does not have jurisdiction to order immediate detailed assessment of costs where the original costs order did not specify immediate assessment and proceedings are ongoing; only the court making the costs order may deviate from the general rule in CPR 47.1.

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 date of judgment; application to be made in writing