Khaira & Ors v Shergill & Ors

Khaira & Ors v Shergill & Ors

The Supreme Court order for costs in both the Supreme Court and Court of Appeal entitles the Claimants to immediate detailed assessment of those costs; trial and appeal are separate proceedings for costs purposes; the costs judge has jurisdiction to permit immediate assessment; Master Simons exercised discretion correctly in refusing to stay assessment.

Parties
Claimants/receiving Parties/respondents: Mohinder Singh Khaira & 5 Others; Defendants/paying Parties/appellants: Daljit Singh Shergill & 8 Others
Jurisdiction
England and Wales
Judgment Date
23 March 2016
Procedural Posture
Appeal / Judgment on Appeal Against Order of Costs Assessment
Outcome
Appeal dismissed
Legal Topics
Detailed Assessment of Costs, Immediate Assessment, Appellate Costs, Interpretation of Costs Orders
Civil Procedure Costs Detailed Assessment of Costs Immediate Assessment Appellate Costs Interpretation of Costs Orders

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Parties

Mohinder Singh Khaira & 5 Others

Claimants/receiving Parties/respondents

Daljit Singh Shergill & 8 Others

Defendants/paying Parties/appellants

Procedural Posture

Appeal / Judgment on Appeal Against Order of Costs Assessment

Legal Issues

  1. 1 Whether an appellate court order for costs entitles the receiving party to immediate assessment without express provision
  2. 2 Whether a costs judge has jurisdiction to order immediate assessment if appellate court did not
  3. 3 Whether Master Simons exercised discretion correctly in refusing to stay detailed assessment proceedings

Ratio Decidendi

The Supreme Court order for costs in both the Supreme Court and Court of Appeal entitles the Claimants to immediate detailed assessment of those costs; trial and appeal are separate proceedings for costs purposes; the costs judge has jurisdiction to permit immediate assessment; Master Simons exercised discretion correctly in refusing to stay assessment.

Court Disposition

Appeal dismissed

Orders

  • Appeal against Master Simons' order is dismissed
  • Detailed assessment proceedings may continue