Description
Following a judgment refusing permission to appeal, the court noticed a procedural irregularity and requested submissions on whether the effect of an order stating that the appellant, a third party, was liable for costs 'in accordance with the default costs certificate' issued against the claimant only, was to remove their opportunity to challenge the extent of their liability in the Senior Court Costs Office.
Order refusing permission to appeal recalled. Held: In the present case, the judge was wrong to order that the costs to be paid by the third party pursuant to
s. 51(3), Senior Courts Act 1981 should be those shown in the default certificate. The certificate was not binding on the appellant, who should have been provided with an opportunity to be heard on the respondents' costs schedule.
