IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM CENTRAL LONDON COUNTY COURT
(HIS HONOUR JUDGE BARRY GREEN)
Strand London WC2A 2LL Thursday 2 May 2002 |
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B e f o r e :
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SUMNERS LIMITED | ||
Claimant/Applicant | ||
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THE LONDON BOROUGH OF HAMMERSMITH AND FULHAM | ||
Defendant/Respondent |
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Smith Bernal Reporting Limited, 190 Fleet Street,
London EC4A 2AG
Tel: 020 7421 4040 Fax: 020 7831 8838
Official Shorthand Writers to the Court)
The Respondent did not attend and was not represented.
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Crown Copyright ©
"Before the court can interfere it must be shown that the judge has either erred in principle in his approach, or has left out of account, or taken into account, some feature that he should, or should not have considered, or that his decision is wholly wrong because the court is forced to the conclusion that he has not balanced the various factors fairly in the scale."
"Mr Hill-Smith [counsel for the claimant] has been instructed in this case as long ago as to be able to conduct the trial in November last year when it came on for the trial of quantum. That trial had to be aborted for want of an available judge. He has had between at least November of last year and now, if not before November, to find out everything necessary to be in a position fully to argue costs.
There is nothing in the submissions of Mr Levy, who appears for the defendant, that ought not reasonably to have been anticipated for the costs argument today."
(1) The claim was grossly inflated and much time was taken in examining the exaggerated claims.
(2) In the event the claimant lost on a number of specific issues relating to quantum.
(3) Even where the claimant won, more time was taken because of the late and confused production of documents.