Kerry Underwood


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In Khaira & Others v Shergill & Others [2017] EWCA Civ 1687

the Court of Appeal held that where a party is awarded the costs of an interlocutory appeal it is not entitled to an immediate assessment of those costs unless there is an express order by the court to that effect.

The Court of Appeal also held that if the appellate court had not made such an order for immediate assessment, then a Costs Judge has no jurisdiction to make such an order.

Practice Direction 47, read with CPR 47.1 provided that the costs of any proceedings were not to be subject to detailed assessment until the court had finally determined the matters in issue, unless the court had made an express order to the contrary.

Reference to the court referred to the court that made the Costs Order and not a Costs Judge or anyone else.

The Court of Appeal also held that the fact that the Supreme Court had made an order that costs in both the Court of Appeal and the Supreme Court be assessed on the standard basis, and that the losing party pay £150,000.00 on account of their costs in both courts, did not mean that the Supreme Court was making an order that the costs in the Court of Appeal be assessed immediately.

The Supreme Court, which has its own costs rules, could have made such an order, but did not do so.

Written by kerryunderwood

November 13, 2017 at 12:25 pm

Posted in Uncategorized

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