0370 270 6000

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.

Focus on...

Press releases

Browne Jacobson wins Inclusion & Diversity Award at the National Insurance Awards 2022

Insurance law firm Browne Jacobson has won the Inclusion & Diversity Award at the National Insurance Awards 2022. The National Insurance Awards are judged by an independent panel of experts and celebrate excellence in the sector by highlighting the very best in general insurance provision and management.

View

Blogs

Payment Fraud landscape shaped by technology in 2021

Payment systems across Europe are under increased pressure to mitigate fraud risks and defend against persistent attacks from enablers using ever more sophisticated and malicious viruses and malware.

View

Legal updates

Gosden and another v Halliwell Landau and another [2021] EWHC 159 (Comm)

This claim addressed the question, of when the date for assessment of damages in cases of negligence should be determined and shows that when appropriate the Courts will depart from the default position.

View

Legal updates

Assessing the scope of employers liability – Chell v Tarmac

These were the opening remarks of Mr Justice Martin Spencer when handing down his Judgment in the recent case of Andrew Chell v Tarmac Cement and Lime Limited [2020] EWHC 2613, the latest in a series of appeals dealing with the scope of vicarious liability.

View

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.

Mailing list sign up

Select which mailings you would like to receive from us.

Sign up