“A party was not precluded from raising a matter before a costs judge on an assessment of costs which it had not raised before the trial judge when he exercised his discretion as to costs. Consequently a party could raise with the costs judge the issue that the case should have been a fast track case with costs assessed accordingly. The costs judge was not entitled simply to say that the costs would be assessed as if it were a fast track case but should proceed on the basis that the fact that the case should have been fast track was something to be taken into account when assessing costs.”
WLR Daily, 17th February 2010
Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.