CostsSummary assessment of costs - failure to serve schedule 24 hours in advance - court not to deprive party of costs in entiretyMacdonald v Taree Holdings Ltd: ChD (Neuberger J):7 December 2000The appellant successfully applied to the deputy district judge to have a statutory demand set aside, he also applied for summary assessment of his costs.

The deputy district judge refused to grant the appellant his costs on the ground that he had failed to serve a schedule of costs on the respondent 24 hours in advance of the hearing in accordance with Civil Procedure Rules (CPR) pt 44.

The appellant appealed on the grounds that failure to serve a schedule of costs should not result in him being deprived of all his costs.John McLinden (instructed by Wilcox & Co) for the appellant; Nigel Burroughs (instructed by Trowers & Hamlins) for the respondent.

Held, allowing the appeal, that where the only factor against awarding costs was merely a failure to serve a schedule on the paying party, a party should not be deprived of costs; that the court's reaction should be proportionate; that the court should consider, first, whether to adjourn briefly and summarily assess the costs, secondly, whether to stand the matter over for detailed assessment or, thirdly, whether to adjourn for summary assessment to be dealt with at a later date or in writing; that the appellant was entitled to his costs both of the appeal and of the hearing below and, to avoid drawing the matter out further, a summary assessment would be made.