Practice and Procedure


PUBLISHED March 5, 2002

The judge who had allowed the application to reinstate the action, and who had made no order as between the parties, had already disposed of the matter of costs, and the trial judge had no jurisdiction to make a costs order in respect of the interim period.Defendant's appeal from a costs order made by HH Judge Dean QC on 31 May 2002 following the trial of the claimant's ('G') claim for damages for trespass, unlawful arrest and detention and misfeasance in public office. G had failed to comply with an unless order stating that unless G exchanged witness statements and served his trial bundle on the defendant by 4.30 pm on 4 October 2001 the action would be struck out without further order, and the action was accordingly struck out. On 10 December 2001 HH Judge Collins granted G's applications to reinstate the action and for an extension of time, and ordered that a wasted costs order against G and his solicitor was to be considered at the end of the trial. No costs order was made as between G and the defendant. Following the trial, HH Judge Dean QC made various orders, including that the defendant pay all of the costs arising out of and consequential to the striking out of the action and the application to reinstate the action. The defendant argued that HH Judge Dean QC had no jurisdiction to make the order and had exercised his discretion in the wrong manner.HELD: (1) The matter of costs had already been disposed of by HH Judge Collins, and HH Judge Dean QC had no jurisdiction to make the costs order, save in relation to G's solicitor's costs because that was the only matter in relation to costs that had been reserved. (2) HH Judge Dean QC had not referred to RC Residuals Ltd v (1) Linton Fuels Oils Ltd (2) P & O Trans European Ltd (2002) 1 WLR 2782. The appeal could also be allowed on the basis that the judge had exercised his discretion in the wrong way.Appeal allowed. Order substituted accordingly.