Mohinder Singh Kaira & 5 others v Daljit Singh Shergill & 8 Ors [2016] EWHC 628 (Ch)

An order made by the Supreme Court that one party should pay the other’s costs in the Court of Appeal and Supreme Court entitled the receiving party to an immediate assessment of those costs, notwithstanding that the claim was proceeding to trial.

The appellants appealed against a master’s refusal to set aside a notice of commencement of a detailed assessment of costs served by the respondents.

The Court held that the Supreme Court Rules 2009 indicated that the Supreme Court had its own costs regime and an appeal before the Supreme Court was treated as separate “proceedings” for the purposes of costs. Rule 48(1) had the effect that, as a general rule, and unless some different order was made, the receiving party was entitled to proceed to assessment as soon as an order for costs was made, and was required to proceed to assessment within three months. Allowing the receiving party to proceed with assessment immediately, instead of having to wait until the conclusion of the substantive claim, was likely better to accord with the objective of the 2009 Rules of making the Supreme Court accessible, fair and efficient.

April 28, 2016 В· Editorial Team В· Comments Closed
Posted in: Cases