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Clearwell International Ltd v MSL Group Holdings Ltd & Ors [2012] EWCA Civ 1440 - 16th November 2012


The respondents were successful on appeal and were entitled to their costs. The issue was whether the costs should be summarily assessed or subject to a detailed assessment if not agreed. The Claimant argued that the costs should be subject to a detailed assessment.

The general position was that, if possible, there should be a summary assessment of the costs of the hearings in the Court of Appeal to which PD 52.14 applied. The successful respondents had put the Claimant on notice that they would ask the Court of Appeal to summarily assess costs if they could be agreed. The Court held that a detailed assessment was not appropriate. The costs were relatively modest and it would be disproportionate to submit them to detailed assessment. It was also likely to lead to delay and further expense. The costs were summarily assessed.