Stodday Land Ltd & Anor v Pye

Where an appeal costs dispute is modest, the court may summarily assess costs to achieve a proportionate and expeditious resolution. A party ordered to pay appeal costs is generally liable for costs reasonably incurred in material filed for the permission application where the order makes those costs costs in the appeal. The court may make a limited departure from the usual approach where that material was justified by an issue raised in the proposed appeal.

This was an appeal to the High Court (Chancery Division) from the County Court at Preston. The substantive appeal is not addressed in the supplied judgment. The court determined disputes about the respondent’s recoverable costs, including costs of a witness statement and supplementary written submissions prepared for an application for permission to appeal, and whether the costs should be summarily or subject to detailed assessment.

1. The appellants were ordered jointly and severally to pay the respondent’s costs of the appeal, assessed on the standard basis.
2. The costs included the respondent’s costs of a witness statement and supplementary written submissions relating to the proposed amendment of the grounds of appeal. The permission order had made the costs of the permission application costs in the appeal, and the material was directed to the proposed allegation that the proceedings had been improperly transferred from the High Court to the County Court.
3. Under CPR 44.2(8), a detailed assessment would ordinarily attract an order for payment on account unless there was good reason otherwise. The appellants advanced no sufficient justification for detailed assessment beyond postponing payment.
4. Because the bill was modest, the court summarily assessed the costs as the proportionate and expeditious course. The sum allowed was £14,375, taking account of reasonable and proportionate time, duplicated work, costs relating to written submissions and the requested payment on account. Payment was due 28 days after sealing of the order.

• High Court (Chancery Division): determined the respondent’s recoverable appeal costs and summarily assessed them at £14,375.
• County Court at Preston: the appeal was brought from that court, but its decision is not identified in the supplied judgment.