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The Court of Appeal has dismissed an application for a limited recoverable costs order under CPR 52.9A (Orders to limit the recoverable costs of an appeal) in JE (Jamaica) v SoS for Home Dept  EWCA Civ 192.
In doing so, the court held the application was too late and was, in any event, for an order the court had no power to make. This judgment is a useful clarification of the scope and limitations of Rule 52.9A.
It also offers practical guidance to practitioners whose appeal comes from a first instance court with a limited or excluded costs recovery regime, including that any such application should be made promptly.
In dismissing the application for an order to limit costs recoverability, the Court of Appeal held that CPR 52.9A:
In doing so, it also offered practical guidance in relation to such applications, including:
Subscribers to Lexis®PSL Dispute Resolution can find more information on various issues raised in this judgment: Appeals—general and preliminary considerations—overview and Practice Note: Costs recoverable on an appeal.
This article was first published on Lexis®PSL Dispute Resolution on 3 March 2014. Click here for a free 24 trial of Lexis®PSL.
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