Description
The court determined liability for the costs of a case management hearing for a re-trial following a ruling by the Court of Appeal in four test cases.
The costs of the hearing, at which case management directions were given for the re-trial, were held to be 75 per cent attributable to the appeal and 25 per cent attributable to the re-trial. Those costs were to be assessed forthwith, notwithstanding that it had been open to the court to order that all the costs be assessed together.
The normal rule was to order that costs be assessed forthwith. Particular regard was had to proportionality. Although it would be quicker to assess the costs at one hearing, the claimant was entitled to have his costs assessed in detail at the interlocutory stage.
