Transformers And Rectifiers Ltd v Needs Ltd

Transformers And Rectifiers Ltd v Needs Ltd

A judge other than the one who made the original costs orders has jurisdiction to summarily assess those costs, particularly where the original orders were made on the papers and not following a contested hearing, and there is no binding authority under the current CPR to the contrary.

Parties
Claimant: Transformers and Rectifiers Limited; Defendant: Needs Limited
Jurisdiction
England and Wales
Judgment Date
12 June 2015
Procedural Posture
Civil / Ruling on Summary Assessment of Costs
Outcome
Application for summary assessment of costs by a different judge allowed
Legal Topics
Summary Assessment of Costs, Jurisdiction of Judge for Costs Assessment, Interpretation of CPR Part 44.6, Practice Direction 44
Civil Procedure Summary Assessment of Costs Jurisdiction of Judge for Costs Assessment Interpretation of CPR Part 44.6 Practice Direction 44

Case Brief

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Parties

Transformers and Rectifiers Limited

Claimant

Needs Limited

Defendant

Procedural Posture

Civil / Ruling on Summary Assessment of Costs

Legal Issues

  1. 1 Whether a judge who did not make the original costs orders can summarily assess those costs
  2. 2 Interpretation of CPR Part 44.6 and Practice Direction 44 regarding summary assessment of costs

Ratio Decidendi

A judge other than the one who made the original costs orders has jurisdiction to summarily assess those costs, particularly where the original orders were made on the papers and not following a contested hearing, and there is no binding authority under the current CPR to the contrary.

Court Disposition

Application for summary assessment of costs by a different judge allowed

Orders

  • The costs identified in the two orders of Edwards-Stuart J and the costs ordered at the hearing are summarily assessed by Mr Justice Coulson.