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Centrehigh Ltd v Kare Amen & Ors [2013] EWHC 625 (Ch)

Description

In an application for a third party costs order, where liability was conceded and there was no trial as to quantum, the claimant sought permission to cross-examine the defendants' witnesses for the purposes of a s. 51, Senior Courts Act 1981 application.

Held: The general rule is that s. 51 applications are dealt with on a summary basis. The court has wide administrative powers to ensure the application is dealt with speedily, inexpensively and fairly. Any departure from basic principles is only justified if the justice of the case requires it.

Permission to cross-examine refused. There was no feature of the case which required a full trial of the whole range of the disputed matters of fact.

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