KA-2025-000012 - [2025] EWHC 2341 (KB)

Was the learned judge entitled to award costs against the Appellants?

On the question of costs, Mrs Mazur submitted that at the time of the hearing before His Honour Judge Simpkiss, the proceedings were subject to CPR Part 45, as they consisted of a claim which was or would normally be allocated to the Intermediate Track. In the circumstances, if the Respondent had wished to claim costs at the conclusion of the hearing, they should have filed a completed Precedent U form. That was not done. Instead the Respondent submitted two cost statements on Form 260. The costs claimed for were fees charged by Mr Bennett (£7,053 and £3,600) and the application fee. The first set of fees related to GBS, and the Appellants could not be liable to pay this. Further, in any event, as the hearing was an interim one, the recoverable costs was limited to a fixed cost of £333 plus the application fee of £303, in accordance with CPR 45.8.

Mr Bennett submitted that His Honour Judge Simpkiss had been entitled to make the costs order that he did. The Respondent was successful at the hearing. That hearing was not conducted under CPR Part 45 as the claim had not been allocated to the Intermediate Track until His Honour Judge Simpkiss made an order at the end of the hearing itself. Further, Mr Bennett submitted that he was instructed by the Respondent and GBS jointly, and not by GBS as the Appellants had suggested.