Dadourian Group International Inc & Ors v Simms & Ors

Dadourian Group International Inc & Ors v Simms & Ors

The application was dismissed because the Court of Appeal lacks jurisdiction to grant the declaration sought, and the issue of set off and issuance of a final costs certificate is within the discretion of the costs judge, not the appellate court.

Parties
Appellants: Dadourian Group International Inc. & Ors; Respondents: Paul Francis Simms & Ors
Jurisdiction
England and Wales
Judgment Date
09 December 2009
Procedural Posture
Civil Appeal / Post Judgment Application
Outcome
application dismissed
Legal Topics
Costs, Set Off, Final Costs Certificate, Court Jurisdiction
Civil Procedure Costs Set Off Final Costs Certificate Court Jurisdiction

Case Brief

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Parties

Dadourian Group International Inc. & Ors

Appellants

Paul Francis Simms & Ors

Respondents

Procedural Posture

Civil Appeal / Post Judgment Application

Legal Issues

  1. 1 Whether the Court of Appeal has jurisdiction to declare no set off of costs under its order
  2. 2 Whether a final costs certificate should be issued to the claimants without set off

Ratio Decidendi

The application was dismissed because the Court of Appeal lacks jurisdiction to grant the declaration sought, and the issue of set off and issuance of a final costs certificate is within the discretion of the costs judge, not the appellate court.

Court Disposition

application dismissed