Stillwell v Clancy Docwra Plc

Stillwell v Clancy Docwra Plc

The order for costs to be assessed on the standard basis does not preclude the court from exercising its discretion to assess costs by reference to the small claims regime if it considers that to be the reasonable and proportionate outcome. The court is not required to award only small claims fixed costs, but may do so if justified by the circumstances. The Defendant is entitled to argue for such an approach at detailed assessment.

Parties
Claimant: Miss Carole Stillwell; Defendant: Clancy Docwra PLC
Jurisdiction
England and Wales
Judgment Date
01 September 2009
Procedural Posture
Costs Assessment (preliminary Issue) / Ruling on Preliminary Issue Before Detailed Assessment
Outcome
Preliminary issue decided in favour of the Defendant. The court is not precluded from assessing costs by reference to the small claims regime.
Legal Topics
Small Claims Costs, Standard Basis Assessment, Part 36 Settlements, Discretion in Costs Assessment
Civil Procedure Costs Small Claims Costs Standard Basis Assessment Part 36 Settlements Discretion in Costs Assessment

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Parties

Miss Carole Stillwell

Claimant

Clancy Docwra PLC

Defendant

Procedural Posture

Costs Assessment (preliminary Issue) / Ruling on Preliminary Issue Before Detailed Assessment

Legal Issues

  1. 1 Whether the court is limited to awarding only small claims fixed costs where a claim settled pre-issue for under £1,000 but the order provides for standard basis assessment
  2. 2 Whether the court retains discretion to assess costs by reference to the small claims regime in such circumstances

Ratio Decidendi

The order for costs to be assessed on the standard basis does not preclude the court from exercising its discretion to assess costs by reference to the small claims regime if it considers that to be the reasonable and proportionate outcome. The court is not required to award only small claims fixed costs, but may do so if justified by the circumstances. The Defendant is entitled to argue for such an approach at detailed assessment.

Court Disposition

Preliminary issue decided in favour of the Defendant. The court is not precluded from assessing costs by reference to the small claims regime.

Orders

  • Detailed assessment to be restored for the court to determine the reasonable and proportionate costs, which may be akin to small claims costs or higher if justified.
  • Costs of the preliminary issue reserved to the detailed assessment.