Burstein v Times Newspapers Ltd [2002] EWHC 9037 (Costs) (28 November 2002)

Burstein v Times Newspapers Ltd [2002] EWHC 9037 (Costs) (28 November 2002)

The Court of Appeal upheld the Deputy Costs Judge's refusal to allow cross-examination, finding no sufficient basis to pursue the defendant's allegations and emphasizing the need to prevent unnecessary satellite litigation over costs.

Source-derived case information.

Citation
[2002] EWHC 9037 (Costs)
Parties
Claimant: Burstein; Defendant: Times Newspapers Ltd
Jurisdiction
England and Wales
Judgment Date
28 November 2002
Procedural Posture
Costs Appeal / Appeal From Supreme Court Costs Office to Court of Appeal
Outcome
appeal dismissed
Legal Topics
Conditional Fee Agreements, Costs Assessment, Cross Examination, Satellite Litigation
Civil Procedure Costs Conditional Fee Agreements Costs Assessment Cross Examination Satellite Litigation

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Party arguments 2
Sign in to unlock

Parties

Burstein

Claimant

Times Newspapers Ltd

Defendant

Procedural Posture

Costs Appeal / Appeal From Supreme Court Costs Office to Court of Appeal

Legal Issues

  1. 1 Whether the defendant should be permitted to cross-examine the claimant and his solicitors regarding the claimant's ability to pay solicitors' costs under a CFA if he lost the libel action
  2. 2 Whether the agreement between the claimant and his solicitors regarding costs was a sham

Ratio Decidendi

The Court of Appeal upheld the Deputy Costs Judge's refusal to allow cross-examination, finding no sufficient basis to pursue the defendant's allegations and emphasizing the need to prevent unnecessary satellite litigation over costs.

Court Disposition

appeal dismissed

Orders

  • Refusal to interfere with the Costs Judge's decision
  • No permission for cross-examination of claimant or solicitors