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Mahmood v Penrose

25 March 2002
The issues

Costs – Summary Assessment.

The facts

An Order was made against the Claimant, which since it included abortive Pre-Trial preparation and an adjournment of a Hearing, were substantial. At the eventual final Hearing (which the Claimants did not attend after the third day) the Judge dismissed the Claimants cases and summarily assessed the costs, including the costs of the earlier Application. The Claimants appealed on the costs point.

The decision

The Judge was wrong to summarily assess the earlier costs. Under Civil Procedure Rules Part 44 a Summary Assessment could only be made by the Judge who heard the case. Otherwise, matters should be put to a Costs Judge for Detailed Assessment.

Appeal allowed.

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