Description
The Court of Appeal held that it would be inconsistent with CPR r.44.3 and r.44.5 and with the duty of the court to ensure that costs were reasonable and proportionate, to preclude a party from raising a point material to that question before a costs judge on a detailed assessment, because it had not been raised before the trial judge. Whilst a costs judge may be assisted in an assessment of costs by an indication from the trial judge as to the way in which the trial had been conducted, no rule existed precluding a party from raising a costs point not raised before the trial judge.
