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Home Cases Drew v Whitbread [2010] All ER (D) 104 (Feb); [2010] EWCA Civ 53 9 February 2010
Drew v Whitbread [2010] All ER (D) 104 (Feb); [2010] EWCA Civ 53 9 February 2010 Print E-mail
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Written by Personal Injury Newsletter   
Monday, 01 March 2010 00:00

Costs – Assessment – Standard basis – Parties consenting that claimant’s claim for damages for personal injury should be allocated to multi-track – Trial judge finding defendant liable but claimant contributory negligent – Trial judge ordering costs to be paid on standard basis – Costs judge assessing costs as if case had been allocated to fast track – Claimant unsuccessfully appealing against cost judge’s decision – Whether costs judge entitled to rule that case was in reality fast track case and assess trial costs on fast track basis – Whether that matter should be raised by paying party before trial judge or be precluded from raising thereafter – CPR rr 26, 44.

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