Costs and Appeals

[Toby David]

Can anyone advise me on the following point.

Having been awarded 'CostS' (subject to a detailed assessment) surely the losing party cannot, delay this process, by implying they intend to appeal the decision at the Court of Appeal (especially when permission has already been refused in the County Court.

I am sure I have read C.P.R. Rules relating to the appeal process not effecting the payment of Costs.

[Amethyst]

Re: Costs and Appeals

You are correct

Practise Direction 47

No stay of detailed assessment where there is an appeal

47.2 Detailed assessment is not stayed pending an appeal unless the court so orders.


Detailed assessment must be done within 3 months of the judgment unless stayed...

Judgment, direction, order, award or other determination 3 months after the date of the judgment etc. Where detailed assessment is stayed pending an appeal, 3 months after the date of the order lifting the stay

Have the other side said they want to delay the costs assessment?

What kind of value costs are we talking about?

[MENTION=551]pt2537[/MENTION]

[Toby David]

Re: Costs and Appeals

Thanks for the response.
Our Bill of Costs run to approx £6000. Both parties are representing themselves (Litigants in person) We have been awarded Costs, subject to a detailed assessment, but the other party is not cooperating, as we have sent a notice of commencment, and requested points of dispute, but the other party seems to think that the fact they intend to appeal, halts the Costs process. As I have said permission to appeal has been refused at a local level, and there is no evidence to suggest that the other party has raised this issue with the court of appeal.
The Other party has displayed nothing but obstructive delaying tactics throughout the case management in an effort to gain an advantage, and I believe this is more of the same.
Unfortunately the Court seem to allow this nonsense to continue.
The 3 month period is fast approaching, yet we have long since submitted our Costs, surely the actions of the other party should not be allowed to effect this.

[R0b]

Re: Costs and Appeals

If you have heard nothing back then you need to submit Form 258 to commence detailed proceedings as far as I am aware including the copy of notice of commencement and any other documents such as the order for costs, your costs schedule, points of reply/dispute etc. along with the court fee. Presuming costs are less than £75k there is a paper assessment made by the court unless they order a hearing.

Those are the next steps above, and must be done within 3 months.

[Toby David]

Re: Costs and Appeals

Well we do have a hearing coming up, we have submitted, our 'bill of costs', evidence of expenses, as I have said the other party is failing to cooperate, and has gone to ground. Obviously the other party has little to gain by engaging in the process, I just hope the Court sees through all the time wasting.

[Toby David]

Re: Costs and Appeals

Update. Following a 'Costs' hearing. We now have a contact address, and the paying party has been ordered to submit the 'Points of dispute'. All attempts to delay with talk of appeals appear to have been seen through and rightly ignore. Progress ?

[R0b]

Re: Costs and Appeals

Sounds like it, presumably the order is points of dispute raised within 21 days or longer? If they still fail to raise any points, I would think you will be awarded the costs in full

[Toby David]

Re: Costs and Appeals

Question. If a defendant successfully defends a case, and goes on to be awarded Costs, on any subsequent paperwork,( Points of dispute/ Precedent G ) does the paying party become the defendant and the receiving party become the claimant, as it is he who is claiming the Costs ? Or are each party referred to as they were, before the judgement.

[Amethyst]

Re: Costs and Appeals

The change overs between claimants and defendants, respondants / appellants etc always confuse heck out of me. [MENTION=551]pt2537[/MENTION] will know how best to refer to the partys during costs proceedings.

[R0b]

Re: Costs and Appeals

Defendant and Claimant remains the same, they are just called the receiving and paying party.