KA-2023-000225 - [2025] EWHC 2112 (KB)

The Respondent invites me to make “some other order” in relation to the appeal costs under CPR 44.2(2)(b), primarily due to the Appellant’s conduct. The main contention is that the Appellant failed to file the relevant Part 18 Request at all for the hearing before the Costs Judge and this omission was only rectified for the appeal by the Appellant filing a supplemental bundle two days before the appeal hearing, some eleven months after the hearing below. The Respondent argues that this procedural error should attract cost consequences akin to an amendment to a statement of case. The Respondent proposes “no order as to costs” or a 50% reduction.