Blackmore v Cummings & Ors

Blackmore v Cummings & Ors

The district judge did not err in law by refusing to make a further interim payment on account of costs. There is no presumption in favour of such payments; the judge must weigh all relevant factors, including the information available, delay, and potential prejudice. The discretion is wide and the district judge's decision was sustainable on the facts.

Parties
Appellant: Blackmore; Respondent: Cummings & Ors
Jurisdiction
England and Wales
Judgment Date
10 June 2009
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Interim Payments on Account of Costs, Discretion of Costs Judge, Detailed Assessment of Costs
Civil Procedure Costs Interim Payments on Account of Costs Discretion of Costs Judge Detailed Assessment of Costs

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 2 Authorities cited 6 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Blackmore

Appellant

Cummings & Ors

Respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the district judge erred in law by declining to make a further interim payment on account of costs
  2. 2 Whether there is a presumption in favour of making an interim payment on account of costs under CPR 44.3(8) or CPR 47.15
  3. 3 What factors should guide the exercise of discretion in making interim payments on account of costs

Ratio Decidendi

The district judge did not err in law by refusing to make a further interim payment on account of costs. There is no presumption in favour of such payments; the judge must weigh all relevant factors, including the information available, delay, and potential prejudice. The discretion is wide and the district judge's decision was sustainable on the facts.

Court Disposition

Appeal allowed

Orders

  • District judge's decision restored; no further interim payment on account of costs ordered.