Madurasinghe v Penguin Electronics (A Firm)
| Jurisdiction | England & Wales |
| Court | Court of Appeal (Civil Division) |
| Judge | LORD JUSTICE NOURSE,LORD JUSTICE McCOWAN,LORD JUSTICE HIRST |
| Judgment Date | 18 November 1992 |
| Judgment citation (vLex) | [1992] EWCA Civ J1118-5 |
| Docket Number | 92/1113 |
| Date | 18 November 1992 |
Court of Appeal
Before Lord Justice Nourse, Lord Justice McCowan and Lord Justice Hirst
Costs - taxation - judge not bound by taxing officer's decision
A judge sitting with assessors in the county court carrying out a review of taxation of solicitors' costs under Order 38, rule 24(4) of the County Court Rules 1981 should hear the matter afresh and his discretion was not to be fettered by the manner in which the taxing officer had decided the matter.
The Court of Appeal so held in allowing an appeal by Don & Co, solicitors, who had formerly acted for the plaintiff, Mr Herbert Madurasinghe, from an order by Judge Marcus Edwards sitting with two assessors at Brentford County Court in September 1991 whereby the solicitors' application for a review had been dismissed.
Order 38, rule 24(4) gave any party to a taxation who was dissatisfied with the registrar's decision the right to apply to the judge to review the taxation and by rule 24(6) "… on the hearing of the application the judge may exercise all such powers and discretion as are vested in the registrar in relation to the … application".
Mr Abraham Verghese for the solicitors; the plaintiff in person; the defendants did not appear and were not represented.
LORD JUSTICE McCOWAN said that the solicitors had acted for the plaintiff in litigation and had sent to him their gross sum bill of costs amounting to £528. But the plaintiff had requested a detailed bill and that had been produced by professional draftsmen and totalled £981.
Both of the bills were lodged at the...
Get this document and AI-powered insights with a free trial of vLex and Vincent AI
Get Started for FreeStart Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial
-
Tan Boon Hai v Singapore Hainan Hwee Kuan
...a completely fresh decision. He relied on the decision of the English Court of Appeal in Madurasinghe v Penguin Electronics (a firm) [1993] 3 All ER 20[1993] 1 WLR 989, where the court considered a similar rule under the County Court Rules 1981 in England. He also relied by analogy on those......
-
Kawarindrasingh v White
...and it could not be said that his opinion was clearly wrong. 10 Judge Morrell was aware of the fact that in Madurasinghe v Penguin Electronics (a Firm) [1993] 1 WLR 989 McCowan LJ had suggested at page 994C that the decision in Hart's case might require reconsideration on some future occasi......
- KPMG Peat Marwick McLintock v H.L.T. Group Ltd
- Mainwaring v Goldtech Investments Ltd
