Powell v Herefordshire Health Authority [2002] EWCA Civ 1786 (27 November 2002)

Powell v Herefordshire Health Authority [2002] EWCA Civ 1786 (27 November 2002)

The court has discretion under CPR 44.3(6)(g) to order interest on costs from a date that fits the justice of the case, not necessarily the date of the original judgment; Master Rogers' decision was flawed as he was unaware of this discretion.

Citation
[2002] EWCA Civ 1786
Parties
Claimant/respondent: Ms Kimberley Caroline Powell (by her father and next friend Leslie John Powell); Defendant/appellant: Herefordshire Health Authority
Jurisdiction
England and Wales
Judgment Date
27 November 2002
Procedural Posture
Appeal (civil) / Appeal From High Court (supreme Court Costs Office, Master Rogers)
Outcome
Appeal allowed by consent; order set aside and replaced by terms agreed between the parties.
Legal Topics
Interest on Costs, Judgments Act 1838, CPR 44.3(6)(g), Personal Injury, Detailed Assessment of Costs
Civil Procedure Costs Interest on Costs Judgments Act 1838 CPR 44.3(6)(g) Personal Injury Detailed Assessment of Costs

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Parties

Ms Kimberley Caroline Powell (by her father and next friend Leslie John Powell)

Claimant/respondent

Herefordshire Health Authority

Defendant/appellant

Procedural Posture

Appeal (civil) / Appeal From High Court (supreme Court Costs Office, Master Rogers)

Legal Issues

  1. 1 From what date should interest on costs run in a personal injury action where judgment for damages to be assessed was entered years before damages were quantified?
  2. 2 Does the court have discretion to order interest on costs from a date other than the date of judgment?

Ratio Decidendi

The court has discretion under CPR 44.3(6)(g) to order interest on costs from a date that fits the justice of the case, not necessarily the date of the original judgment; Master Rogers' decision was flawed as he was unaware of this discretion.

Court Disposition

Appeal allowed by consent; order set aside and replaced by terms agreed between the parties.

Orders

  • Appeal disposed of on agreed terms between the parties.
  • No order for costs save for detailed assessment of claimant's costs as per Community Legal Services Funding Order.