England and Wales Court of Appeal (Civil Division) Decisions

IN THE SUPREME COURT OF JUDICATURE
COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE HIGH COURT OF
JUSTICE, CHANCERY DIVISION
(The Honourable Mr Justice Lloyd)

		Royal Courts of Justice Strand, London, WC2A 2LL
		19 February 2004

Lady Justice Arden :

1. This is the judgment of the Court on the parties' submissions concerning the orders as to costs to be made on the appeals heard by it.
2. The Court directed that the submissions on this issue should be in writing and has now considered those submissions.
3. The general rule as to costs is that costs should follow the event. The Court does not consider that the submissions demonstrate sufficient reason in the circumstances for departing from that general rule.
4. Accordingly, the Court makes the following orders:-

Repayments claim

i) The costs of the appeal are to be the costs of the appellant in any event.

Overpayments claim

ii) The costs of the respondent's appeal are to be the costs of the respondents in any event and the appellant must pay the costs of its application for permission to appeal and cross-appeal on this claim. The costs of the overpayments claim down to the date of judgment are reserved to the judge dealing with the costs of the enquiry on this part of the claim.

Order of Lloyd J

iii) In place of the order as to costs made by Lloyd J, the Court orders that the costs of the hearing below are to be the appellant's in any event.

Application to Chadwick LJ

iv) The costs of the application to Chadwick LJ on 30 September 2003 shall be the costs of the appellant in any event.

General

v) All the above costs shall be subject to detailed assessment forthwith, and the costs payable by the respondents shall be set against those payable by the appellant.

Order of Master Bowman

vi) Paragraph (2) of the order of 12 December 2002 of Master Bowman (which deals with the costs of the claim down to the date of the hearing before him) is set aside, and the costs of the hearing before Master Bowman shall be costs in the case.

5. All the costs referred to above are to be assessed on the standard basis.
6. The Court takes the view that the appropriate time for payment of the costs here and below of the unsuccessful, but substantial and discrete, applications for judgment in these proceedings is following the detailed assessment of such costs, not at the conclusion of the proceedings. There is no application for an interim payment.
7. The Court has already communicated its approval to the form of order and directions agreed by the parties.