Masterman-Lister v Brutton & Co [2003] EWCA Civ 70 (16 January 2003)

Masterman-Lister v Brutton & Co [2003] EWCA Civ 70 (16 January 2003)

Section 11(1) costs order should be made immediately, with determination of liability and any application for payment by Legal Services Commission referred to costs judge; costs judge may adjourn if application is premature.

Citation
[2003] EWCA Civ 70
Parties
Appellant/claimant: Martin Masterman-Lister; Respondent/defendant: Brutton & Co; Appellant/claimant: Joseph and Another; Respondent/defendant: Jewell and Home Counties Dairies
Jurisdiction
England and Wales
Judgment Date
16 January 2003
Procedural Posture
Appeal / Post Judgment, Costs Determination
Outcome
Appeals dismissed; costs orders made against appellants.
Legal Topics
Legal Aid, Costs Orders, Appeals
Civil Procedure Costs Legal Aid Costs Orders Appeals

Case Brief

Summary, issues, holding and outcome

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Parties

Martin Masterman-Lister

Appellant/claimant

Brutton & Co

Respondent/defendant

Joseph and Another

Appellant/claimant

Jewell and Home Counties Dairies

Respondent/defendant

Procedural Posture

Appeal / Post Judgment, Costs Determination

Legal Issues

  1. 1 Timing and jurisdiction for costs orders against Legal Services Commission
  2. 2 Definition of 'proceedings' for costs purposes
  3. 3 Adjournment of costs determination pending final resolution

Ratio Decidendi

Section 11(1) costs order should be made immediately, with determination of liability and any application for payment by Legal Services Commission referred to costs judge; costs judge may adjourn if application is premature.

Court Disposition

Appeals dismissed; costs orders made against appellants.

Orders

  • Appellant to pay respondent's costs of appeal, subject to detailed assessment if not agreed.
  • Determination of appellant's liability and any application for payment by Legal Services Commission referred to costs judge under Regulation 10.