Forey v. London Buses Ltd

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13/11/1990

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Court of Appeal

Defendants' appeal against award of costs on the HC scale where the case had been transferred to the county court as it was not likely to raise any important issues of law or fact & was suitable for determination by the county court. HELD: The Defendants relied on CCP 1990 p.868 which stated there was no power to award costs on the HC scale after transfer & on s.40 County Court Act 1984. But s.45 & s.19 put the county court in the shoes of the HC as to the scale of costs & CCR 1981 r.1(2) & s.45(1) gave the county a court a discretion which had been correctly exercises. Appeal dismissed.

1992] 2 All ER 936,[1991] 1 WLR 327