Hosking v Michaelides and Another
| Jurisdiction | England & Wales |
| Judge | MR JUSTICE BLACKBURNE |
| Judgment Date | 28 November 2003 |
| Neutral Citation | [2003] EWHC 3029 (Ch) |
| Court | Chancery Division |
| Docket Number | No: |
| Date | 28 November 2003 |
CHANCERY DIVISION
Before Mr Justice Blackburne
Costs - challenge of summary assessment - permission to appeal required even in insolvency proceedings
Permission to appeal was required in order to challenge a summary assessment of costs even where that assessment had been made in the course of insolvency proceedings.
Mr Justice Blackburne so held in the Chancery Division on November 28, 2003, when dismissing the appeal of the second defendant, Jane Karen Michaelides, against a summary assessment of costs made by Mr Registrar Baister in proceedings brought by Andrew Lawrence Hosking, the trustee in bankruptcy of Andreas Sofroniou Michaelides, against Mrs and Mrs Michaelides.
HIS LORDSHIP said that although permission to appeal was not normally required in insolvency proceedings, if the challenge was simply against a summary costs assessment then permission was required.
The correct approach to summary assessments was set out in Lownds v Home Office (Practice Note)TLRWLR (The Times April 5, 2002; [2002] 1 WLR 2450) under which the proportionality of the costs claimed was to be...
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Nicholls v Lan and Another
...the present case were exceptional within section 335A(3). The District Judge's attention had also been drawn to a decision of mine in Hosking v. Michaelides [2004] All ER (D) 147 in which I had given the word "exceptional" in this context what I regarded as its ordinary familiar meaning as ......