Guerrero & Ors v Monterrico Metals Plc & Anor

Summary assessment of costs is inappropriate where correspondence reveals material disputes about whether individual items were costs of and incidental to particular hearings or general costs of the action. Those issues should be determined by detailed assessment. The court may nevertheless order an interim payment on account of costs where that is appropriate in all the circumstances.

The claimants applied for assessment of costs relating to hearings before Burton J, Irwin J and Mrs Justice Gloster. The judge had previously indicated that she would summarily assess those costs. Subsequent correspondence showed disputes about whether particular costs were properly attributable to the hearings or were general costs of the action. The court therefore had to determine the appropriate method of assessment and whether an interim payment should be ordered.

1. Detailed assessment. The subsequent correspondence identified material issues concerning whether particular items were genuinely costs of and incidental to the relevant hearings, or should instead be treated as general costs of the action. It was therefore inappropriate for the judge to proceed with summary assessment.
2. Costs on account. Despite declining to summarily assess the costs, the court considered it appropriate, in all the circumstances, to make an interim order against Monterrico Metals Plc for payment of £100,000 on account of costs.
3. Order. The disputed matters were to be the subject of detailed assessment by the Costs Judge. The £100,000 payment was to be made within 21 days.