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Перевод: disallowance

[существительное]
отказ ; запрещение
[существительное]

Тезаурус:

1. because if in fact they had gone ahead and taxed their costs there and then the position would simply be that there would of been an award for taxation, in order, there would be a taxation resulting in an order for payment of of some cost probably in the region of forty two thousand pounds and er that order would itself carry interest under the judgements act, it doesn't seem to me it can be sensibly said that erm any interest has to be in any way increased by reason of this delay and it seems to me that erm if one looks at order sixty two and twenty eight er certainly under paragraph B two erm there's a reference there to any additional interest payable under section seventeen because of the failure on the May, erm, it doesn't seem to me that the effect of what has in fact incurred, in this case has been, caused any additional interest to be paid and er it seems to me the only best that I can see in the evidence before me to, which would enable the court to erm, conclude that there should be a disallowance of interest would be as I say because the plaintiffs appear not to have perfected the order for the payment of perfectively two years, just over two years, erm it seems to me however that, that on balance probably it simply a matter of oversight and even if it had been perfected it wouldn't of made as I guess the least bit of difference to the way the negotiations er proceeded and accordingly I take the view that erm there are no grounds for disallowing interest from either the plaintiffs bill of costs or the defendants bill of costs, accordingly erm to allow the defendants appeal in preparation to the disallowance of costs er interest and to dismiss the defendants appeal for application in relation to an additional period, P sixty of course disallowed, I also propose to dismiss the sum of, the appeal by the plaintiffs from the refusal of taxing master to disallow the interest on the defendants bill of costs.
2. Right, it's clear in't it under four rule twenty eight, four, it's not essential for the disallowance of any cost or interest that er the taxing officer should be satisfied that erm the other party has been prejudiced, in fact that is not a condition precedent to the exercise of his part and disallow interest in this here item, er any prejudice there maybe is merely one factor to be taken into account in other matters and it does seem to me that the fact the court can, can properly and should properly take into account, is, is that erm, it is desirable that to litigation should erm comply with there obligations, either expressly, express or explicit under the rules of the court to comply with matter such as it should have orders part drawn up and served as appropriate, as I say it seems to me that er the plaintiffs's can be criticized in not erm having perfected the order of Mr Justice er before they did so but er, I have, it seems to me to look at all the relevant pictures in the case, er if it were the case that the plaintiff suffered any prejudice as the result of that claim, clearly that would be a matter which I would have to take into account, but I'm bound to say it doesn't seem to me that the fender of the plaintiffs to perfect the order did in fact cause any prejudice to the plaintiff and indeed if they, the plaintiffs had perfected the order, it seems to me exactly the same course of events as in fact transpired in this case, would actually have occurred and wouldn't make any difference at all, so unless it's a matter of simply of er seeking to punish the plaintiff as a matter of discipline, it seems to me there is a, not really anything in the point that the order was not perfected er when it seems to me it should of been, and I, there stood to see the other er circumstances, now it's quite clear to me having been referred to correspondence, passing between the solicitors that erm although really from a very early stage er the plaintiffs solicitors
3. For the period of the disallowance.
4. The former powers of an auditor of disallowance and surcharge have gone.
5. There is also a further appeal before the court in relation to an application by the plaintiff for disallowance of interest upon the defendant's bill of costs and er it is claimed that if interest is to be disallowed on their bill, interest should also be disallowed on the defendant's bill of costs.
6. If it's disallowed then erm they would have their entitlement in that they would be paid a reduced rate during the period of the susp , er of the disallowance.
7. erm there's a reference there to any additional interest payable under section seventeen because of the failure on the May, erm, it doesn't seem to me that the effect of what has in fact incurred, in this case has been, caused any additional interest to be paid and er it seems to me the only best that I can see in the evidence before me to, which would enable the court to erm, conclude that there should be a disallowance of interest would be as I say because the plaintiffs appear not to have perfected the order for the payment of perfectively two years, just over two years, erm it seems to me however that, that on balance probably it simply a matter of oversight and even if it had been perfected it wouldn't of made as I guess the least bit of difference to the way the negotiations er proceeded and accordingly I take the view that erm there are no grounds for disallowing interest from either the plaintiffs bill of costs or the defendants bill of costs, accordingly erm to allow the defendants appeal in preparation to the disallowance of costs er interest and to dismiss the defendants appeal for application in relation to an additional period, P sixty of course disallowed, I also propose to dismiss the sum of, the appeal by the plaintiffs from the refusal of taxing master to disallow the interest on the defendants bill of costs.
8. I the defendant Doctor David against a decision of the taxing master, taxing master of right, er given on the thirteenth of August nineteen ninety three, whereby the taxing master disallowed interest on plaintiff's bill of the cost in the action for a period from the first of November nineteen ninety one to the twenty seventh of May nineteen ninety three, the defendant in his notice of appeal, claims that the taxing master should have disallowed interest for a longer period, in addition to the period he actually al disallowed int namely there should be additional disallowance for the period from the twenty forth of April nineteen ninety one to the thirty first of October nineteen ninety one or for such other periods as the court deems just.
9. they'd carry on getting the reduced rate prior to the period of disallowance.
10. And the disallowance can be
11. If, by virtue of the above, proceedings may be commenced in either court, the choice of court will be influenced by the following considerations: (1) where the case is eventually to be tried, ie whether in the High Court or in the county court-separate rules for each, set out below, apply; (2) whether the county court has jurisdiction to grant the relief being sought (see Chapter 2); (3) whether the county court has jurisdiction to enforce the judgment to be obtained (see Chapter 2); and (4) the risk of being struck out or penalised in disallowance of costs if proceedings which are clearly suitable for one court are brought instead in the other (see below).
12. The plaintiffs also appealed against the decision of taxing master right, er and then appealed on the basis that er there should be no disallowance for any interest at all.
13. If it is disallowed then he will, presumably, continue to receive reduced Income Support for the period of disallowance."