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TAYLOR ROSE WIN SECOND APPEAL ON PREMATURE COSTS ONLY PROCEEDINGS



Mon 10 November 2014

Taylor Rose Law has won its second major County Court appeal this year on the premature issue of costs-only proceedings. 

In Eager v T C Cleaning, His Honour Judge Simpkiss accepted that it was not reasonable to commence costs-only proceedings after an arbitrary, short period of time.  He reiterated that there must be a proper attempt to agree before resorting to the court. The judgment is already making inroads into the volumes of costs-only proceedings, and is encouraging parties to work more co-operatively in attempting to agree costs by negotiation prior to issue. 

The judge came to the conclusion that the court did have the power to dismiss costs-only proceedings, contrary to the finding of the district judge at first instance, and decided that it would be appropriate to dismiss the proceedings in the circumstances.  He also acknowledged that the costs-only procedure is effectively a ‘one-stop’ remedy, because CPR 46.14(1)(c) prohibits use of the procedure where there have been prior proceedings started between the parties. 

The copy of the judgment is available via Lawtel or from a member of the costs litigation team here at Taylor Rose Law please email info@taylor-rose.co.uk 


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