Bennett v Customs & Excise [2001] EWCA Civ 1727 (7 November 2001)

The applicant should have the costs of the hearing that became unnecessary due to the respondent's concession, but the costs order below stands in the absence of agreement.

Citation: [2001] EWCA Civ 1727
Parties: Claimant/applicant: Allan Bennett; Defendant/respondent: The Commissioners for Customs & Excise
Jurisdiction: England and Wales
Judgment Date: 07 November 2001
Procedural Posture: Appeal / Permission to Appeal and Appeal Hearing
Outcome: Applicant awarded costs of the appeal hearing; costs order below remains undisturbed.
Legal Topics: Costs, Mootness, Appeal Procedure

Civil Procedure Costs Mootness Appeal Procedure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Party arguments 2 Amounts and remedies 1

Parties

Allan Bennett

Claimant/applicant

The Commissioners for Customs & Excise

Defendant/respondent

Procedural Posture

Appeal / Permission to Appeal and Appeal Hearing

Legal Issues

1 What is the just order as to costs when proceedings become moot due to a concession by the respondent?
2 Whether the applicant should be liable for costs awarded below in light of the proceedings becoming moot.

Ratio Decidendi

The applicant should have the costs of the hearing that became unnecessary due to the respondent's concession, but the costs order below stands in the absence of agreement.

Court Disposition

Applicant awarded costs of the appeal hearing; costs order below remains undisturbed.

Orders

Applicant to have costs of this hearing.
Order for costs below remains in place.