In Newman Ltd v Adlem

In Newman Ltd v Adlem

The defendant's insistence on a formal application and opposition to the admission of evidence caused the costs; thus, the judge's order that the defendant pay the claimant's costs was correct and within judicial discretion.

Parties
Claimant: In Newman Ltd; Defendant: Richard T Adlem
Jurisdiction
England and Wales
Judgment Date
16 November 2004
Procedural Posture
Civil Appeal / Application for Permission to Appeal Costs Order
Outcome
permission to appeal refused
Legal Topics
Costs, Late Service of Evidence, Discretion of Judge
Civil Procedure Costs Late Service of Evidence Discretion of Judge

Case Brief

Summary, issues, holding and outcome

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Parties

In Newman Ltd

Claimant

Richard T Adlem

Defendant

Procedural Posture

Civil Appeal / Application for Permission to Appeal Costs Order

Legal Issues

  1. 1 Whether the judge erred in ordering the defendant to pay the claimant's costs for a late application to admit witness statements

Ratio Decidendi

The defendant's insistence on a formal application and opposition to the admission of evidence caused the costs; thus, the judge's order that the defendant pay the claimant's costs was correct and within judicial discretion.

Court Disposition

permission to appeal refused

Orders

  • Defendant to pay claimant's costs as ordered by the Deputy Judge