The Supreme Court Costs Office

No.19 of 2004

Aaron v Shelton
24 May 2004
Mr Justice Jack (Sitting with Assessors)

The claimant, during the course of a trial against the defendant in the light of the evidence which had been produced, consented to an order that his claim be dismissed with costs, and, in view of his conduct, the Judge directed that those costs should be assessed on the indemnity basis.

At the subsequent detailed assessment the claimant sought to reduce the successful defendant’s bill by reference to CPR 44.5(3)(a).

The Costs Judge refused to entertain that issue, saying that it had effectively been resolved by the Judge’s decision at the conclusion of the underlying case, and the claimant appealed. The Judge held that in a situation such as that, where the paying party wished to limit his liability for the receiving party’s costs, he should make his application to the trial Judge at the conclusion of the case under CPR 44.3(2), and if, as here, the paying party fails to do that, then it is too late to raise the issue of conduct again before the Costs Judge.