DIDN’T FILE A SCHEDULE: COSTS CONFINED TO COUNSEL’S FEES

September 8, 2021 · by · in Adjournments, Applications, Assessment of Costs, Costs, Summary assessment,

In Mahandru v Nielson [2021] EWHC 2297 (QB) Mrs Justice Steyn DBE considered what costs should be awarded when a respondent had successfully defended an appeal but not filed a costs schedule.  The answer, in that case, was to simply confine costs to counsel’s fees which were definite and confirmed. This meant that the solicitor’s costs were not recovered.

 

THE CASE

The claimant/appellant appealed against a refusal to grant an injunction to allow him back into a home he had been living in. The appeal was disallowed.  The substantive judgment contains a detailed consideration of the “balance of convenience” test in American Cyanamid v Ethicon [1975] AC 396. The judge then went on to

THE JUDGMENT ON COSTS

    1. This is an application for costs by the defendant who has been successful in defending this appeal. The defendant seeks costs in the sum of £3,960. However, no schedule of costs has been served as it should have been.
    1. The claimant submits that the appropriate order in these circumstances is to make no order for costs. In my judgment, that would be unjust given the ordinary rule that the successful party is entitled to their costs. Nevertheless, the fault for not providing a schedule of costs clearly lies with the defendant and it seems to me, in the circumstances, the only sums that I can properly summarily assess are the costs which I am told have been incurred in respect of counsel’s appearance at the hearing today and drafting of the skeleton argument.
  1. So I make an order that the claimant shall pay the defendant’s costs summarily assessed in the sum of £1,250.
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