Cantor Fitzgerald v Tradition (UK) Ltd [2003] EWHC 9040 (Costs) (31 July 2003)

Cantor Fitzgerald v Tradition (UK) Ltd [2003] EWHC 9040 (Costs) (31 July 2003)

Brief fees paid before the start of trial fall within the period for which the Court of Appeal made no order as to costs (23 August 1998 to start of trial), and are therefore not recoverable by the defendants from the claimants.

Citation
[2003] EWHC 9040 (Costs)
Parties
Claimant: Cantor Fitzgerald; First, Second and Fourth Defendants: Tradition (UK) Ltd
Jurisdiction
England and Wales
Judgment Date
31 July 2003
Procedural Posture
Interlocutory Appeal (costs) / Appeal From Costs Judge to High Court
Outcome
Appeal allowed; Costs Judge's decision reversed
Legal Topics
Interpretation of Costs Orders, Brief Fees, No Order as to Costs
Civil Procedure Costs Interpretation of Costs Orders Brief Fees No Order as to Costs

Case Brief

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Parties

Cantor Fitzgerald

Claimant

Tradition (UK) Ltd

First, Second and Fourth Defendants

Procedural Posture

Interlocutory Appeal (costs) / Appeal From Costs Judge to High Court

Legal Issues

  1. 1 Whether claimants are liable to pay defendants' brief fees incurred before trial in light of the Court of Appeal's costs order

Ratio Decidendi

Brief fees paid before the start of trial fall within the period for which the Court of Appeal made no order as to costs (23 August 1998 to start of trial), and are therefore not recoverable by the defendants from the claimants.

Court Disposition

Appeal allowed; Costs Judge's decision reversed

Orders

  • Brief fees paid before trial are not recoverable by the defendants from the claimants