In this short decision Deputy Master Raeburn considered the effect of the Claimant’s failure to file and serve an N260 Statement of Costs in advance of the hearing before him in accordance with CPR PD 44, paragraph 9.5(4) and 9.6.
This appeal from a summary assessment of costs was brought on grounds that the District Judge had failed to have sufficient regard to the components of the claimant’s N260 Statement of Costs and had effectively imposed her own unilateral tariff without any calculation or proper reasoning, contrary to the Court of Appeal’s guidance in 1800 Flowers Inc v Phonenames Limited  EWCA Civ 721.
This was an appeal by the mother in Children Act proceedings against an order that she do pay £109,394 in costs. In the course of the proceedings the mother had been given a four year prison sentence in Russia for attempting to bribe a police officer to instigate criminal charges against the father in order to further her own claim on the children. Despite her incarceration, the mother had continued to pursue an appeal against an order that the father have custody of the children, before finally conceding, leaving only the incidence of costs to be decided.
HHJ Simon Brown QC, the pioneer of costs budgeting, has given instant reward for keeping within a court approved budget, with a summary assessment of costs in the sum of £351,000 payable within 14 days.