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Giambroni v J M C Holidays Limited (Mr Morland J on appeal from Cost Judge Campbell)

2 January 2003
The issues

Costs – generic letters – proportionality.

The facts

Claimants/receiving party appealed against the decision of Cost Judge Campbell in which he disallowed or reduced items in Claimant’s Bill of Costs.

The decision

1. A number of such reductions or disallowances were made on the grounds that they were disproportionate not withstanding that at a preliminary hearing a decision had been made by the Cost Judge that the Bills were not disproportionate as a whole. A ruling at the outset of the Detailed Assessment with the Bill as a whole is not disproportionate did not preclude a Cost Judge from deciding that individual items were disproportionate.

2. The preliminary Judgment on proportionality determined the manner in which the Detailed Assessment was to be carried out but did not determine the final sum to be awarded.

3. The guidelines in Home Office -v- Lownds apply to an interim assessment in group litigation.

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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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