England and Wales High Court (Senior Courts Costs Office) Decisions

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URL: http://www.bailii.org/ew/cases/EWHC/Costs/2003/9038.html
Cite as: [2003] EWHC 9038 (Costs)

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This summary of a judgment has been obtained from the Supreme Court Costs Office pages on the HM Courts Service web site. The citation used by BAILII is not an officially approved citation. The full text of the judgment may have an official Neutral Citation issued by the court, and may be available elsewhere on BAILII.

 

 



No.18 of 2003

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Erika Banchio v Lai
16 May 2003
Mr Justice Davis (Sitting Without Assessors)

In March 2003 a Costs Judge had held that there was no power, other than by consent, under Rules to make an order for payment on account in costs only proceedings but he went on to consider the merits of the particular application before him and concluded that they were not made out, and even if he had had the power he would not have exercised it on the facts.   

In refusing permission to appeal from the Costs Judge’s decision the Judge held that whilst there was a realistically arguable point as to whether the court did have jurisdiction to order costs on account in costs only proceedings, on the facts of the case because the Costs Judge had considered all the facts and exercised his discretion in a proper manner, there were no grounds for interfering with that exercise of discretion and accordingly the application would be refused.