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

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URL: http://www.bailii.org/ew/cases/EWHC/Costs/2003/9039.html
Cite as: [2003] EWHC 9039 (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.19 of 2003

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Wills & Ors v The Crown Estate Commissioners
14 July 2003
Mr Justice Peter Smith (Sitting With Assessors)

The main point on this appeal from a decision of a Deputy Costs Judge was the affirmation by the Judge that the two cases of Attorney General v Nethercote [1841] and Re Marsdens Estate [1889] 40 Ch D 475, were still good law, holding as they had that where costs were payable out of a fund the question of whether interest was payable, and if so at what rate, was determined by the rules applicable to the fund and there was no residual jurisdiction for the court to award interest on any other basis.