Stillwell v Clancy Docwra Plc [2009] EWHC 90148 (Costs) (01 September 2009)

Stillwell v Clancy Docwra Plc [2009] EWHC 90148 (Costs) (01 September 2009)

The order for costs to be assessed on the standard basis does not preclude the court from assessing those costs by reference to the small claims regime if it considers that to be reasonable and proportionate; the court retains discretion to allow only small claims costs if justified, or higher costs if more work was reasonably required.

Citation
[2009] EWHC 90148 (Costs)
Parties
Claimant: Miss Carole Stillwell; Defendant: Clancy Docwra PLC
Jurisdiction
England and Wales
Judgment Date
01 September 2009
Procedural Posture
Costs Assessment (preliminary Issue) / Preliminary Issue Before Detailed Assessment
Outcome
Preliminary issue decided in favour of the Defendant
Legal Topics
Small Claims Costs Regime, Standard Basis Assessment, Part 36 Settlements, Discretion in Costs Assessment
Civil Procedure Costs Small Claims Costs Regime Standard Basis Assessment Part 36 Settlements Discretion in Costs Assessment

Case Brief

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Parties

Miss Carole Stillwell

Claimant

Clancy Docwra PLC

Defendant

Procedural Posture

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

Legal Issues

  1. 1 Whether the court is restricted 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 above 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 assessing those costs by reference to the small claims regime if it considers that to be reasonable and proportionate; the court retains discretion to allow only small claims costs if justified, or higher costs if more work was reasonably required.

Court Disposition

Preliminary issue decided in favour of the Defendant

Orders

  • Detailed assessment to proceed with discretion to assess costs by reference to the small claims regime or higher if justified
  • Costs of the preliminary issue reserved to the detailed assessment