Khaira & Ors v Shergill & Ors [2017] EWCA Civ 1687 (27 October 2017)

Khaira & Ors v Shergill & Ors [2017] EWCA Civ 1687 (27 October 2017)

Immediate assessment of costs for interlocutory appeals under CPR 47.1 requires an express order from the court that made the costs order; costs judges do not have jurisdiction to order immediate assessment absent such order, and the Supreme Court's order did not entitle claimants to immediate assessment of Court of Appeal costs.

Citation
[2017] EWCA Civ 1687
Parties
Appellants: Mohinder Singh Khaira & Others; Respondents: Daljit Singh Shergill & Others
Jurisdiction
England and Wales
Judgment Date
27 October 2017
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
appeal allowed
Legal Topics
Assessment of Costs, Interlocutory Appeals, Immediate Assessment, Jurisdiction of Costs Judge
Civil Procedure Costs Assessment of Costs Interlocutory Appeals Immediate Assessment Jurisdiction of Costs Judge

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 14 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Mohinder Singh Khaira & Others

Appellants

Daljit Singh Shergill & Others

Respondents

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Is a party awarded costs of an interlocutory appeal entitled to immediate assessment without an express order?
  2. 2 Does a costs judge have jurisdiction to order immediate assessment if the appellate court has not done so?
  3. 3 Did the Supreme Court's order entitle respondents to immediate assessment of Court of Appeal costs?

Ratio Decidendi

Immediate assessment of costs for interlocutory appeals under CPR 47.1 requires an express order from the court that made the costs order; costs judges do not have jurisdiction to order immediate assessment absent such order, and the Supreme Court's order did not entitle claimants to immediate assessment of Court of Appeal costs.

Court Disposition

appeal allowed

Orders

  • No immediate assessment of Court of Appeal costs without express order.
  • Costs judge lacked jurisdiction to order immediate assessment.