Ashman v Thomas

Ashman v Thomas

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 an application by written submissions. The criticisms of the costs schedule justify reducing the amount ordered on account.

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

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Parties

Aliston Albert Ashman

Claimant

Clyde Caulson Thomas

Defendant

Procedural Posture

Civil / Post Judgment Application for Payment on Account of Costs

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 written submissions are appropriate for such an application
  3. 3 Whether failure to serve a costs schedule 24 hours before the hearing is fatal

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 an application by written submissions. The criticisms of the costs schedule justify reducing the amount ordered on account.

Court Disposition

Application for payment on account of costs allowed in part

Orders

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