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Wright v Manchester City Council

12 June 2000

County Court, 14 December 1999

The issues

Consequences Of Failing To Serve A Cost Schedule In A Fast Track Case

The facts

The successful Defendant failed to serve a Costs Schedule. A hand written Costs Schedule was provided by the end of the Trial. The Claimant argued that as the rules had not been complied with there should be no Order for costs. The Defendant argued that the costs could be assessed by the Trial Judge or listed for a Detailed Assessment. The Judge decided Summary Assessment was inappropriate and that there should be no order for costs as the Defendant was in breach of the rules and the practice direction. The Defendant appealed.

The decision

The Appeal was dismissed. The Trial Judge’s decision could only be interfered with if he had erred in law or unreasonably exercised his discretion. The Costs Schedule had not been served within 24 hours of the hearing and there had been a breach of the practice direction therefore.

The Trial Judge had discretion on costs and had acted within the rules. The Order could not be interfered with and it was not relevant to consider the argument on the ground of proportionality.

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The content on this page is provided for the purposes of general interest and information. It contains only brief summaries of aspects of the subject matter and does not provide comprehensive statements of the law. It does not constitute legal advice and does not provide a substitute for it.

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