Khaira & Ors v Shergill & Ors [2016] EWHC 628 (Ch) (23 March 2016)

Khaira & Ors v Shergill & Ors [2016] EWHC 628 (Ch) (23 March 2016)

The Supreme Court's order for costs in standard form entitles the receiving party to immediate detailed assessment of appellate costs, as the Supreme Court Rules treat appeals as separate proceedings for costs purposes and require prompt assessment. Even if the CPR applied, the relevant 'proceedings' were concluded...

Source-derived case information.

Citation
[2016] EWHC 628 (Ch)
Parties
Defendants/paying Parties/appellants: Mohinder Singh Khaira & 5 Others; Claimants/receiving Parties/respondents: Daljit Singh Shergill & 8 Others
Jurisdiction
England and Wales
Judgment Date
23 March 2016
Procedural Posture
Appeal From Senior Court Costs Office (costs Assessment) / High Court (chancery Division) Appeal Determination
Outcome
Appeal dismissed
Legal Topics
Detailed Assessment of Costs, Immediate Assessment of Appellate Costs, Interpretation of Supreme Court Costs Orders, Jurisdiction of Costs Judges, Separation of Trial and Appeal Proceedings for Costs
Civil Procedure Costs Detailed Assessment of Costs Immediate Assessment of Appellate Costs Interpretation of Supreme Court Costs Orders Jurisdiction of Costs Judges Separation of Trial and Appeal Proceedings for Costs

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Summary, issues, holding and outcome

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Parties

Mohinder Singh Khaira & 5 Others

Defendants/paying Parties/appellants

Daljit Singh Shergill & 8 Others

Claimants/receiving Parties/respondents

Procedural Posture

Appeal From Senior Court Costs Office (costs Assessment) / High Court (chancery Division) Appeal Determination

Legal Issues

  1. 1 Whether an order for costs by the Supreme Court in standard form entitles the receiving party to immediate detailed assessment of appellate costs
  2. 2 Whether a costs judge has jurisdiction to order immediate assessment if the appellate court did not expressly do so
  3. 3 Whether Master Simons properly exercised his discretion in refusing to set aside the notice of commencement of detailed assessment

Ratio Decidendi

The Supreme Court's order for costs in standard form entitles the receiving party to immediate detailed assessment of appellate costs, as the Supreme Court Rules treat appeals as separate proceedings for costs purposes and require prompt assessment. Even if the CPR applied, the relevant 'proceedings' were concluded at the end of the Supreme Court appeal, and a 'forthwith' order is not required. The costs judge has jurisdiction to permit immediate assessment, and Master Simons properly exercised his discretion in refusing to set aside the notice of commencement.

Court Disposition

Appeal dismissed

Orders

  • Defendants' application to set aside the notice of commencement of detailed assessment is dismissed
  • Defendants to serve Points of Dispute by 15 October 2015