Crosbie v Munroe [2003] EWHC 9028 (Costs) (14 March 2003)

Crosbie v Munroe [2003] EWHC 9028 (Costs) (14 March 2003)

The Court of Appeal held that the District and Circuit Judges were wrong to disallow the claimant’s additional claim for the costs of the costs only proceedings, as the relevant CPR provisions and case law indicate that such costs are recoverable unless expressly included in the offer.

Citation
[2003] EWHC 9028 (Costs)
Parties
Claimant: Crosbie; Defendant: Munroe
Jurisdiction
England and Wales
Judgment Date
14 March 2003
Procedural Posture
Costs Only Proceedings / Appeal
Outcome
appeal allowed
Legal Topics
Costs Assessment, CPR 44.12 a, CPR 47.19, Costs Only Proceedings
Civil Procedure Costs Costs Assessment CPR 44.12 a CPR 47.19 Costs Only Proceedings

Case Brief

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Parties

Crosbie

Claimant

Munroe

Defendant

Procedural Posture

Costs Only Proceedings / Appeal

Legal Issues

  1. 1 Whether the Part 47.19 offer included the costs of the costs only proceedings
  2. 2 Interpretation of CPR 47.19 regarding recoverability of costs in costs only proceedings

Ratio Decidendi

The Court of Appeal held that the District and Circuit Judges were wrong to disallow the claimant’s additional claim for the costs of the costs only proceedings, as the relevant CPR provisions and case law indicate that such costs are recoverable unless expressly included in the offer.

Court Disposition

appeal allowed

Orders

  • Claimant entitled to recover the costs of the costs only proceedings.