26 January 2019: Allegations of misconduct and the court’s powers under CPR 44.11

Deputy Master Friston determined an application made in the course of a detailed assessment hearing for partial or full disallowance of the claimants’ costs on grounds of serious alleged misconduct during the claim. He rejected each allegation on the basis that (inter alia) CPR 44.11(1)(b) is not to be used in such a way as to allow a paying party to adjust or negate his or her liability for costs for reasons that were or could have been addressed at the time that the costs order was made.