Masterman-Lister v Brutton & Co

Masterman-Lister v Brutton & Co

A Section 11(1) costs order should be made now, with the determination of liability and any application for payment by the Legal Services Commission referred to a costs judge, who may adjourn if necessary. The proceedings in question are the appeal proceedings, which have been finally determined.

Parties
Appellant: Martin Masterman-Lister; Respondent: Brutton & Co; Appellant: Joseph and Another; Respondent: Jewell and Home Counties Dairies
Jurisdiction
England and Wales
Judgment Date
16 January 2003
Procedural Posture
Civil Appeal / Post Appeal Costs Determination
Outcome
appeals dismissed; costs order made
Legal Topics
Costs Orders, Legal Aid, Costs Assessment, Appeals
Civil Procedure Costs Costs Orders Legal Aid Costs Assessment Appeals

Case Brief

Summary, issues, holding and outcome

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Parties

Martin Masterman-Lister

Appellant

Brutton & Co

Respondent

Joseph and Another

Appellant

Jewell and Home Counties Dairies

Respondent

Procedural Posture

Civil Appeal / Post Appeal Costs Determination

Legal Issues

  1. 1 Whether a Section 11(1) costs order should be made at this stage or adjourned until final disposal of underlying proceedings
  2. 2 Whether the costs judge has jurisdiction to make an order against the Legal Services Commission when main proceedings are ongoing

Ratio Decidendi

A Section 11(1) costs order should be made now, with the determination of liability and any application for payment by the Legal Services Commission referred to a costs judge, who may adjourn if necessary. The proceedings in question are the appeal proceedings, which have been finally determined.

Court Disposition

appeals dismissed; costs order made

Orders

  • Appellant to pay respondent's costs of each appeal, assessed if not agreed.
  • Determination of appellant's liability to pay costs and any application by respondent for payment by Legal Services Commission referred to a costs judge under Regulation 10.