FAILURE TO FILE SCHEDULE OF COSTS NOT REASON TO DEPRIVE PARTY OF AN ORDER FOR COSTS SAYS COURT OF AP

ChirpyChicken

https://www.linkedin.com/posts/costslawyer_costs-law-costslaw-activity-7417971043404800000-pBgz?utm_source=share&utm_medium=member_android&rcm=ACoAADlGaOcBG_wnNMofi6c4aEimuZM_otv0Ffo

https://www.bailii.org/ew/cases/EWCA/Civ/2025/1759.html

* An interesting and short judgment from the Court of Appeal has been published in the matter of Public and Commercial Services Union, R (On the Application Of) v Secretary of State for the Home Department (Re Costs of the Appeal) [2025] EWCA Civ 1759 (19 December 2025). Here the Appellant had sought to argue that because the Respondent had not filed a Schedule of Costs there ought to be no order as to costs and that if there was an order for assessment the Respondent should meet the costs of the assessment on the basis it was their failure. The Court of Appeal stated that: "So far as this court is concerned, it is not uncommonly the case that in an appeal which is listed for a full day and in which it is expected that judgment will be reserved, no costs schedule is served by one or both parties. Where it is clear that a schedule of costs is required by the rules, it must be filed; but even where one has not been served, that has not in our experience been held to be a reason in itself for depriving the successful party of an order for costs to be assessed in detail if not agreed." Further they made clear that "the way that either side can protect its position in relation to the cost of the assessment process itself is to make an appropriate offer as to what it would be willing to accept or to pay (as the case may be), which can be shown to the costs judge at the end of the process if it turns out to have been an effective offer." The Appellant was ordered to pay the costs of the Respondent subject to Detailed Assessment on the standard basis if not agreed.

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