Bufton v Hill [2002] EWHC 9024 (Costs) (7 May 2002)

Bufton v Hill [2002] EWHC 9024 (Costs) (7 May 2002)

The Deputy Costs Judge erred by failing to apply the presumption in favour of awarding the costs of assessment to the Claimant and by relying on an unstructured wide discretion. The decision to disallow the costs of drafting the bill and attending the assessment constituted an error of judgment exceeding the reasonable ambit of discretion, especially as the Claimant had already been penalised by disallowance of interest for periods not attributable to his fault.

Citation
[2002] EWHC 9024 (Costs)
Parties
Claimant: Bufton; Defendant: Hill
Jurisdiction
England and Wales
Judgment Date
07 May 2002
Procedural Posture
Costs Appeal / Appeal From Deputy Costs Judge to High Court
Outcome
Appeal allowed
Legal Topics
Detailed Assessment of Costs, CPR 47.8, CPR 44.14, Entitlement to Costs of Assessment, Delay in Lodging Bill, Judicial Recusal
Civil Procedure Costs Detailed Assessment of Costs CPR 47.8 CPR 44.14 Entitlement to Costs of Assessment Delay in Lodging Bill Judicial Recusal

Case Brief

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Parties

Bufton

Claimant

Hill

Defendant

Procedural Posture

Costs Appeal / Appeal From Deputy Costs Judge to High Court

Legal Issues

  1. 1 Whether the Deputy Costs Judge erred in disallowing the Claimant's costs of preparing the assessment and the assessment proceedings
  2. 2 Interpretation and application of CPR 47.8 and CPR 44.14 to costs of assessment
  3. 3 Whether the presumption in CPR 47.18(1) was properly applied

Ratio Decidendi

The Deputy Costs Judge erred by failing to apply the presumption in favour of awarding the costs of assessment to the Claimant and by relying on an unstructured wide discretion. The decision to disallow the costs of drafting the bill and attending the assessment constituted an error of judgment exceeding the reasonable ambit of discretion, especially as the Claimant had already been penalised by disallowance of interest for periods not attributable to his fault.

Court Disposition

Appeal allowed

Orders

  • The decision of the Deputy Costs Judge to disallow the Claimant's costs of preparing the assessment and the assessment proceedings is reversed.