Edwards v Devon & Cornwall Constabulary [2001] EWCA Civ 388 (13 March 2001)

Edwards v Devon & Cornwall Constabulary [2001] EWCA Civ 388 (13 March 2001)

The judge had discretion to summarily assess costs given the short hearing and small sums involved, but failed to allow claimant's counsel adequate opportunity to address the bill, leading to potential substantial injustice. The appeal is allowed and costs are to be agreed or summarily assessed by the appellate court.

Citation
[2001] EWCA Civ 388
Parties
Claimant/appellant: Simon Richard Edwards (Administrator of the Estate of Erica Louise Edwards); Defendant/respondent: Devon & Cornwall Constabulary
Jurisdiction
England and Wales
Judgment Date
13 March 2001
Procedural Posture
Civil Appeal / Appeal From Summary Assessment of Costs in Plymouth County Court
Outcome
Appeal allowed
Legal Topics
Summary Assessment of Costs, Costs in Personal Injury Claims, Judicial Discretion in Costs Assessment, Conditional Fee Agreements, Counterclaims
Civil Procedure Personal Injury Summary Assessment of Costs Costs in Personal Injury Claims Judicial Discretion in Costs Assessment Conditional Fee Agreements Counterclaims

Case Brief

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Parties

Simon Richard Edwards (Administrator of the Estate of Erica Louise Edwards)

Claimant/appellant

Devon & Cornwall Constabulary

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From Summary Assessment of Costs in Plymouth County Court

Legal Issues

  1. 1 Whether the judge erred in conducting a summary assessment of costs
  2. 2 Whether the summary assessment was conducted fairly and properly

Ratio Decidendi

The judge had discretion to summarily assess costs given the short hearing and small sums involved, but failed to allow claimant's counsel adequate opportunity to address the bill, leading to potential substantial injustice. The appeal is allowed and costs are to be agreed or summarily assessed by the appellate court.

Court Disposition

Appeal allowed

Orders

  • Order below set aside and substituted with an order that the respondent pay the claimant £4,523.91.
  • Devon and Cornwall Constabulary to pay the whole of the costs of the appeal incurred by the appellant.