Ross v Bowbelle, Owners Of Ship & Anor [1997] EWCA Civ 1343 (26th March, 1997)
The original order for costs to be taxed entitles the successful party to interest on those costs, including the costs of taxation, from the date of that order (the incipitur rule), not from the later dates of subsequent orders or certificates.
- Citation
- [1997] EWCA Civ 1343
- Parties
- Plaintiff/appellant: Deborah Jane Ross; Defendants/respondents: Owners of the Ship 'Bowbelle'; Defendants/respondents: Another (Anr)
- Jurisdiction
- England and Wales
- Procedural Posture
- Appeal / Court of Appeal (civil Division) Decision on Appeal From High Court
- Outcome
- Appeal allowed
- Legal Topics
- Interest on Costs, Taxation of Costs, Judgment Debt, Limitation Proceedings
Case Brief
Summary, issues, holding and outcome
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Parties
Deborah Jane Ross
Plaintiff/appellant
Owners of the Ship 'Bowbelle'
Defendants/respondents
Another (Anr)
Defendants/respondents
Procedural Posture
Appeal / Court of Appeal (civil Division) Decision on Appeal From High Court
Legal Issues
- 1 From what date does interest on costs of taxation run: from the date of the original order for costs to be taxed (the incipitur rule), or from the date of subsequent orders for costs of taxation?
Ratio Decidendi
The original order for costs to be taxed entitles the successful party to interest on those costs, including the costs of taxation, from the date of that order (the incipitur rule), not from the later dates of subsequent orders or certificates.
Court Disposition
Appeal allowed
Orders
- Appeal allowed with costs here and below
- Leave to appeal to the House of Lords refused
Full Case Text
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