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New venue for filing costs appeal notices and insight into application of Mitchell (Stone Rowe Brewer v Just Costs)

Published on: 26 February 2014

Table of contents

  • Practical implications
  • Situation in this case
  • Would the witness evidence be allowed?
  • Was the Notice late?
  • Court details

Article summary

DR analysis: it is important to be aware that the previous practice of filing an appeal notice with the SCCO when appealing a costs decision has been discontinued. The correct procedure is to attend the High Court Appeals Office. Note: the venue is not set out in CPR 52. The court also considered the application of the Court of Appeal decisions in Mitchell and Durrant and that the intention is to prevent a laissez—faire attitude by practitioners to the procedure rules. It is not intended that where parties have sought to comply with the procedure rules they should be penalised through sanctions.

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