Senior Courts Costs Office

No.20 of 2006

Days Health Care UK Ltd v Pihsiang Machinery Manufacturing Co Ltd [2006] EWCA 1444 (QB)

16 June 2006

Langley J

The court held that a Costs Judge could make an order debarring the party from taking part in a detailed assessment because of a failure to obey a court order. However the Costs Judge cannot ignore the contents of points of dispute which have been served. The defendants would not be permitted to participate further in the assessment unless £2 million plus interest was paid into court but in default the Costs Judge would be obliged to carry out the assessment in the absence of the paying party but with reference to its points of dispute.