Drew v Whitbread [2010] EWCA Civ 53, [2010] All ER (D) 104 (Feb)
Court of Appeal, Civil Division, Waller, Hooper, Etherton LJJ and Senior Costs Judge Hurst sitting as an assessor, 9 February 2010.
Where the trial judge has in a multi-track case ordered costs to be paid on the standard basis, a costs judge may nevertheless rule that the case was in reality a fast track case and assess trial costs on a fast track basis, even if the point was not raised before the trial judge.
Mark Friston and Craig Ralph (instructed by Messrs Harris Fowler) for the claimant. Andrew Hogarth QC and Benjamin Williams (instructed by Wansboroughs Solicitors) for the defendant.
At the conclusion of the claimant’s personal injury trial, the district judge found the defendants liable for 75% of the claimant’s injuries. On damages he awarded a total of 9,291.56, which was higher than the sum paid into court by the defendants. Costs were ordered to be assessed on the standard basis. The district judge ruled at the commencement of the assessment that
