Miskin & Anor v St John Vaughan, Court of Appeal - Supreme Court Cost Office, September 18, 2002, [2002] EWHC 9007 (Costs)

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Miskin & Anor v St John Vaughan, Court of Appeal - Supreme Court Cost Office, September 18, 2002, [2002] EWHC 9007 (Costs)

Case No: 0008467

BAILII Citation Number: [2002] EWHC 9007 (Costs)

IN THE HIGH COURT OF JUSTICE

SUPREME COURTS COST OFFICE

Supreme Courts Cost Office

Clifford Inn

Fetter Lane

London

EC4A 1DQ

Date: 18 September 2002

Before :

Master Campbell, Costs Judge

Between :

Mr Morgan (instructed by Field Fisher Waterhouse) for the Appellants

Mr Lawrence (Kennedys) for the Respondent

Hearing dates : 29 August 2002

Judgment

Master Campbell :

1. On 29 August 2002 I heard an appeal by the Claimants/Appellants, Mr & Mrs Miskin against the decision of Chief Costs Officer Ryan dated 10 April 2002 given in detailed assessment proceedings whereby the learned Costs Officer ordered the Miskins to pay VAT on the costs claimed against them by the Defendants/Respondents in this action. In their Notice of Appeal the Appellants contended that the Chief Costs Officer was wrong to allow VAT on the costs assessed. The Appellants also raised the indemnity principle by way of an additional ground of appeal, a point which had not been argued before the Chief Costs Officer. It was common ground before me that the appeal was a re-hearing (CPR 47.23(a)) and accordingly no point was taken by the Respondents that because the indemnity issue had not been raised before Mr Ryan it was now too late to do so. At the conclusion of the appeal I reserved judgment.

2. The Appellants' liability for costs...

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