Ashman v Thomas [2016] EWHC 1810 (Ch) (19 July 2016)

Ashman v Thomas [2016] EWHC 1810 (Ch) (19 July 2016)

A payment on account of costs can be ordered after judgment but before the order is sealed, and there is no procedural bar to considering such a request via written submissions. The criticisms of the costs schedule justify reducing the amount ordered on account.

Citation
[2016] EWHC 1810 (Ch)
Parties
Claimant: Aliston Albert Ashman; Defendant: Clyde Caulson Thomas
Jurisdiction
England and Wales
Judgment Date
19 July 2016
Procedural Posture
Civil / Post Judgment, Costs Determination
Outcome
Application for payment on account of costs granted in part.
Legal Topics
Costs, Payment on Account of Costs, CPR 44.2(8), Detailed Assessment
Civil Procedure Costs Payment on Account of Costs CPR 44.2(8) Detailed Assessment

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Parties

Aliston Albert Ashman

Claimant

Clyde Caulson Thomas

Defendant

Procedural Posture

Civil / Post Judgment, Costs Determination

Legal Issues

  1. 1 Whether a payment on account of costs can be ordered after judgment but before the order is sealed
  2. 2 Whether failure to serve a costs schedule 24 hours before the hearing precludes a payment on account
  3. 3 Appropriate amount to order as payment on account given criticisms of the costs schedule

Ratio Decidendi

A payment on account of costs can be ordered after judgment but before the order is sealed, and there is no procedural bar to considering such a request via written submissions. The criticisms of the costs schedule justify reducing the amount ordered on account.

Court Disposition

Application for payment on account of costs granted in part.

Orders

  • Claimant to pay Defendant £17,500 on account of costs within 14 days.