Wills & Ors v Crown Estate Commissioners & Ors [2003] EWHC 1718 (Ch) (14 July 2003)

Wills & Ors v Crown Estate Commissioners & Ors [2003] EWHC 1718 (Ch) (14 July 2003)

Interest under the Judgments Act 1838 is not payable on costs ordered to be paid out of a fund held on trust pursuant to a Tomlin order, as there is no adversarial order; the Deputy Master correctly exercised discretion in awarding the costs of the detailed assessment to the receiving party, given the timing and reasonableness of offers.

Citation
[2003] EWHC 1718 (Ch)
Parties
Respondent/applicant (in the Original Action): Robin Lionel Wills; Respondent/applicant (in the Original Action): John Keith Wykeham Marr; Respondent/applicant (in the Original Action): Eileen Patricia Marr; Respondent/applicant (in the Original Action): Roderick Alistair Burden; Respondent/applicant (in the Original Action): Wolsley House Flats Limited; Appellant/respondent (in the Original Action): The Crown Estate Commissioners; Appellant/respondent (in the Original Action): George Dennis Barrett; Appellant/respondent (in the Original Action): Susan Jane Barrett; Appellant/respondent (in the Original Action): Paul Walker
Jurisdiction
England and Wales
Judgment Date
14 July 2003
Procedural Posture
Appeal (costs) / Judgment on Appeal From Supreme Court Costs Office
Outcome
Appeal allowed in part (interest issue); dismissed in part (costs of assessment).
Legal Topics
Interest on Costs, Detailed Assessment, Trusts of Sale Proceeds, Tomlin Order, CPR 47.18, CPR 47.19, Judgments Act 1838
Civil Procedure Costs Interest on Costs Detailed Assessment Trusts of Sale Proceeds Tomlin Order CPR 47.18 CPR 47.19 +1 more

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Parties

Robin Lionel Wills

Respondent/applicant (in the Original Action)

John Keith Wykeham Marr

Respondent/applicant (in the Original Action)

Eileen Patricia Marr

Respondent/applicant (in the Original Action)

Roderick Alistair Burden

Respondent/applicant (in the Original Action)

Wolsley House Flats Limited

Respondent/applicant (in the Original Action)

The Crown Estate Commissioners

Appellant/respondent (in the Original Action)

George Dennis Barrett

Appellant/respondent (in the Original Action)

Susan Jane Barrett

Appellant/respondent (in the Original Action)

Paul Walker

Appellant/respondent (in the Original Action)

Procedural Posture

Appeal (costs) / Judgment on Appeal From Supreme Court Costs Office

Legal Issues

  1. 1 Whether interest under the Judgments Act 1838 is payable on costs ordered to be paid out of a fund held on trust following a Tomlin order.
  2. 2 Whether the Deputy Master erred in awarding the costs of the detailed assessment to the receiving party.

Ratio Decidendi

Interest under the Judgments Act 1838 is not payable on costs ordered to be paid out of a fund held on trust pursuant to a Tomlin order, as there is no adversarial order; the Deputy Master correctly exercised discretion in awarding the costs of the detailed assessment to the receiving party, given the timing and reasonableness of offers.

Court Disposition

Appeal allowed in part (interest issue); dismissed in part (costs of assessment).

Orders

  • Interest under the Judgments Act 1838 on the assessed costs is disallowed.
  • Deputy Master's order awarding costs of the detailed assessment to the respondents is upheld.