Drew v Whitbread

Drew v Whitbread

A costs judge is entitled to consider whether a case should have been allocated to the fast track and to take that into account in assessing costs, even if the point was not raised before the trial judge, provided the trial judge's order is not rescinded or varied. However, the costs judge must not simply assess costs as if the case was fast track without proper reasoning, especially where the trial lasted more than one day and the trial judge did not make a special order. The matter was remitted for reconsideration because the costs judge was influenced by an inaccurate note and did not give adequate reasons.

Parties
Appellant: Drew; Respondent: Whitbread
Jurisdiction
England and Wales
Judgment Date
09 February 2010
Procedural Posture
Civil Appeal / Appeal From Exeter County Court to Court of Appeal
Outcome
Appeal allowed; matter remitted to costs judge for reconsideration
Legal Topics
Assessment of Costs, Allocation to Fast Track or Multi Track, Proportionality of Costs, Conduct of Parties, Exaggeration of Claims
Civil Procedure Costs Assessment of Costs Allocation to Fast Track or Multi Track Proportionality of Costs Conduct of Parties Exaggeration of Claims

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 14 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Drew

Appellant

Whitbread

Respondent

Procedural Posture

Civil Appeal / Appeal From Exeter County Court to Court of Appeal

Legal Issues

  1. 1 Whether a costs judge can assess costs as if a case was fast track when allocated to multi-track
  2. 2 Whether points about allocation and exaggeration must be raised before the trial judge or can be raised before the costs judge
  3. 3 Whether the costs judge was misled by an inaccurate note of the trial judge's ruling

Ratio Decidendi

A costs judge is entitled to consider whether a case should have been allocated to the fast track and to take that into account in assessing costs, even if the point was not raised before the trial judge, provided the trial judge's order is not rescinded or varied. However, the costs judge must not simply assess costs as if the case was fast track without proper reasoning, especially where the trial lasted more than one day and the trial judge did not make a special order. The matter was remitted for reconsideration because the costs judge was influenced by an inaccurate note and did not give adequate reasons.

Court Disposition

Appeal allowed; matter remitted to costs judge for reconsideration

Orders

  • The assessment of costs is remitted to the costs judge for reconsideration in light of the Court of Appeal's judgment.