INTERIM PAYMENT ON ACCOUNT OF COSTS: REASONS FOR REFUSING PERMISSION NOW AVAILABLE ON LINE
I wrote on the judgment in I – interim payment of costs. in an earlier post . I subsequently wrote that the defendant had been refused permission to appeal. The reasons are available on the Switalskis website, here.
” it seems entirely proper to me to order interim costs payments with a view to the cashflow of solicitors in very long-lasting litigation… That must particularly be so in thecase of specialist solicitors who may be facing such problems in a range of cases.”
The judge made an order for an interim payment on costs in a case where the liability had been agreed and approved. The trial on damages was not likely to take place until 2022. The defendant objected. However, on appeal, a substantial award of costs was made.
THE JUDGMENT AT FIRST INSTANCE
The judgment is important in that it appreciates the cash flow issues for claimant solicitors who take on substantial litigation where, through no fault of their own, there can be an extensive amount of time before the work is completed.