Carr v Bemrose & Anor [2001] EWCA Civ 194 (7 February 2001)

Carr v Bemrose & Anor [2001] EWCA Civ 194 (7 February 2001)

There was no error of principle or failure to consider relevant matters in the district judge's exercise of discretion regarding costs. The judge was entitled to make no order as to costs before 13 January 1999 and to order the claimant to pay the defendants' costs thereafter, given the offers made and the outcome of the case.

Citation
[2001] EWCA Civ 194
Parties
Claimant/appellant: Anthony R L Carr; Defendant/respondent: Samuel R C Bemrose; Defendant/respondent: Noni Bemrose
Jurisdiction
England and Wales
Judgment Date
07 February 2001
Procedural Posture
Civil Appeal / Appeal From County Court Decision on Costs
Outcome
Appeal dismissed with costs to be subject to detailed assessment.
Legal Topics
Costs, Easements, Neighbour Disputes, Civil Procedure Rules, Discretion in Costs Orders
Civil Procedure Property Law Costs Easements Neighbour Disputes Civil Procedure Rules Discretion in Costs Orders

Case Brief

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Parties

Anthony R L Carr

Claimant/appellant

Samuel R C Bemrose

Defendant/respondent

Noni Bemrose

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From County Court Decision on Costs

Legal Issues

  1. 1 Whether the trial judge erred in principle in her order for costs
  2. 2 Whether the claimant should have been awarded costs up to a certain date or throughout
  3. 3 Whether the defendants' offers were sufficient to affect the costs order

Ratio Decidendi

There was no error of principle or failure to consider relevant matters in the district judge's exercise of discretion regarding costs. The judge was entitled to make no order as to costs before 13 January 1999 and to order the claimant to pay the defendants' costs thereafter, given the offers made and the outcome of the case.

Court Disposition

Appeal dismissed with costs to be subject to detailed assessment.

Orders

  • Appeal dismissed
  • Appellant to pay respondents' costs of the appeal, subject to detailed assessment