Gregory & Anor, R (on the application of) v Turner & Anor [2001] EWCA Civ 1952 (7 December 2001)

Gregory & Anor, R (on the application of) v Turner & Anor [2001] EWCA Civ 1952 (7 December 2001)

The judge's discretion to award costs to respondents who attended and assisted at the permission hearing was properly exercised; the amount awarded was not arbitrary or unreasonable; the application did not meet the threshold for permission to appeal.

Citation
[2001] EWCA Civ 1952
Parties
Claimant/applicant: Rita Fleurette Gregory; Claimant: Joyce Rita Gregory; Defendant/respondent: Simon Turner; Defendant/respondent: Karen Turner
Jurisdiction
England and Wales
Judgment Date
07 December 2001
Procedural Posture
Civil Appeal / Application for Permission to Appeal (court of Appeal)
Outcome
Application for permission to appeal refused
Legal Topics
Costs, Permission to Appeal, Lay Representation, Trespass, Right to Light, Party Wall, Damages
Civil Procedure Costs Permission to Appeal Lay Representation Trespass Right to Light Party Wall Damages

Case Brief

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Parties

Rita Fleurette Gregory

Claimant/applicant

Joyce Rita Gregory

Claimant

Simon Turner

Defendant/respondent

Karen Turner

Defendant/respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal (court of Appeal)

Legal Issues

  1. 1 Whether the costs order made by Judge O'Malley was appealable and justified
  2. 2 Whether the attendance of respondents' counsel at the permission hearing warranted a costs award
  3. 3 Whether the amount of costs awarded was arbitrary or excessive

Ratio Decidendi

The judge's discretion to award costs to respondents who attended and assisted at the permission hearing was properly exercised; the amount awarded was not arbitrary or unreasonable; the application did not meet the threshold for permission to appeal.

Court Disposition

Application for permission to appeal refused

Orders

  • Application refused