The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:
This Practice Notice looks at what you need to consider if appealing a costs order.
The starting point is that appeals of costs orders are discouraged. This Practice Note sets out the preliminary considerations and the basis for an appeal against a costs order (also known as a costs only appeal), which are governed by CPR 52. It explains the different approach of the costs where the costs order was made after the substantive dispute had been settled. It considers time limits for the appeal, obtaining permission to appeal, challenging a decision refusing permission to appeal, where the appeal should be made, the documents required to commence an appeal. It also covers the effect of an appeal.
This Practice Note does not consider:
an appeal against the decision of a costs officer as such appeals are subject to special rules set out in CPR 47.21 to CPR 47.24. For further information, see Practice Note: Detailed assessment—appeals
recovering the costs incurred in an appeal. For guidance, see Practice Note: Appeals—costs recovery
appeals generally. For guidance, see: Civil appeals: general and preliminary considerations—overview
The general approach of the court to an appeal of a costs order is that they should be discouraged and this can be seen in a number of Court of Appeal decisions:
SCT Finance v Bolton, the court said this:
‘This is an
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This Practice Note considers proprietary estoppel from a generic standpoint.For industry specific guidance on proprietary estoppel, see Practice Notes:•Estoppel and property law•Mortgages by estoppelProprietary estoppel—what is it?Unlike the other forms of estoppel (see Practice Note: Estoppel—what,
This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below.You should also consider if the proceedings will be
NOTE: This Practice Note is being reviewed in light of the changes to CPR 81 that will be introduced by the Civil Procedure (Amendment No 3) Rules 2020, SI 2020/747, which is available here. The changes to CPR 81 involve a substitution of the entirety of CPR 81, which will be renamed ‘Part 81
What is the slip rule?The slip rule is a process by which the court may correct an accidental slip or omission in a judgment or order (see: CPR 40.12 and CPR PD 40B, paras 4.1 and 4.5).This rule only covers genuine slips or omissions in the wording of a sealed court order or handed down judgment
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