INTERIM PAYMENTS ON ACCOUNT OF COSTS: READ (AND CITE) THE CORRECT CHAPTER OF COOK ON COSTS
I am grateful to John McQuater for sending me a copy of an order from HH Judge Robinson, It relates to an application on account of costs. The appeal was (for obvious reasons) compromised. However the robust terms of the order should give paying parties pause for thought. An order giving permission to appeal is not a precedent. However the comments here are of some general significance.
Mr McQuater’s comments
THE ORDER GIVING PERMISSION TO APPEAL
The judge observed that he had not heard submissions and the observations were subject to detailed submissions. However:-
- The District Judge had been “completely misled by the Advocate for the Defendant”.
- That Advocate referred to a passage in chapter 5 Cook on Costs that deal with interim payments on account of costs by the client to his own solicitor. It had no relevance to a claim for an interim payment on account of costs by the paying party to the receiving party.
- The relevant chapter of Cook on costs and CPR 44.2.(8) makes it clear that a court will order the paying party to pay a reasonable sum.
- A consent order had been made that the defendant would pay the claimant’s reasonable costs. Rule 44.2(8) was brought squarely into play.
- If the appeal proceeded the judge would be asking why the District Judge was referred to an irrelevant chapter in Cook and why his attention was not drawn to Chapter 25.
The order is available here Cordery Order Granting Permission to Appeal with Judges Notes-Comments