O'Beirne v Hudson

O'Beirne v Hudson

A consent order for costs on the standard basis does not automatically preclude the costs judge from considering what would have been recoverable had the case been allocated to the small claims track; the judge must assess whether it is reasonable for the paying party to pay more than would have been recoverable on the small claims track, scrutinising each item for necessity and proportionality.

Parties
Appellant: O’Beirne; Respondent: Hudson
Jurisdiction
England and Wales
Judgment Date
09 February 2010
Procedural Posture
Civil Appeal / Appeal From County Court to Court of Appeal
Outcome
appeal dismissed
Legal Topics
Costs Assessment, Small Claims Track, Consent Orders, Standard Basis Costs, Proportionality
Civil Procedure Costs Costs Assessment Small Claims Track Consent Orders Standard Basis Costs Proportionality

Case Brief

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Parties

O’Beirne

Appellant

Hudson

Respondent

Procedural Posture

Civil Appeal / Appeal From County Court to Court of Appeal

Legal Issues

  1. 1 Whether a consent order for costs on the standard basis precludes assessment by reference to the small claims track regime when the case settles before allocation.
  2. 2 Whether the costs judge can limit recoverable costs to those allowed on the small claims track despite a standard basis order.

Ratio Decidendi

A consent order for costs on the standard basis does not automatically preclude the costs judge from considering what would have been recoverable had the case been allocated to the small claims track; the judge must assess whether it is reasonable for the paying party to pay more than would have been recoverable on the small claims track, scrutinising each item for necessity and proportionality.

Court Disposition

appeal dismissed

Orders

  • District Judge's decision reversed; costs to be assessed with reference to whether it is reasonable to pay more than small claims track costs, scrutinising necessity and proportionality.