Giambrone v JMC Holidays Ltd (No.2) [2002] EWHC 9038 (Costs) (20 December 2002)

Giambrone v JMC Holidays Ltd (No.2) [2002] EWHC 9038 (Costs) (20 December 2002)

The appeal was dismissed because the Costs Judge's approach was correct; the claimant's bill was disproportionate, and such extensive hearings on proportionality are unnecessary under Lownds v Home Office.

Source-derived case information.

Citation
[2002] EWHC 9038 (Costs)
Parties
Claimant: Giambrone; Defendant: JMC Holidays Ltd
Jurisdiction
England and Wales
Judgment Date
20 December 2002
Procedural Posture
Costs Appeal / Appeal From Costs Judge's Decision
Outcome
appeal dismissed
Legal Topics
Proportionality of Costs, Costs Assessment, Appeals Against Costs Decisions
Civil Procedure Costs Proportionality of Costs Costs Assessment Appeals Against Costs Decisions

Source-derived case record

Summary, issues, holding and outcome

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Parties

Giambrone

Claimant

JMC Holidays Ltd

Defendant

Procedural Posture

Costs Appeal / Appeal From Costs Judge's Decision

Legal Issues

  1. 1 Whether the claimant's bill of costs was disproportionate
  2. 2 Whether the approach taken by the Costs Judge was correct under Lownds v Home Office
  3. 3 Whether appeals against Costs Judge's decisions on proportionality should be entertained

Ratio Decidendi

The appeal was dismissed because the Costs Judge's approach was correct; the claimant's bill was disproportionate, and such extensive hearings on proportionality are unnecessary under Lownds v Home Office.

Court Disposition

appeal dismissed

Orders

  • Appeal from Costs Judge's decision dismissed
  • No further extensive hearings on proportionality to be undertaken in similar cases