Marsden v Elston & Anor [2002] EWCA Civ 866 (31 May 2002)

The costs order made by the trial judge on the multi-track basis should stand, as there was no objection or cross-appeal regarding allocation, and the intention of the Court of Appeal was for the judge's order to remain unaffected by the reduction in the judgment sum.

Citation: [2002] EWCA Civ 866
Parties: Claimant/applicant: Vincent Marsden; Defendant/respondent: Leonard Charles Elston; Defendant/respondent: Leslie Peter Daws
Jurisdiction: England and Wales
Judgment Date: 31 May 2002
Procedural Posture: Civil Appeal / Post Appeal Costs Correction
Outcome: Costs order below in favour of claimant to stand on multi-track basis; respondent to have costs occasioned by relisting subject to public funding assessment on standard basis.
Legal Topics: Costs, Case Allocation, Appeal Procedure

Civil Procedure Costs Case Allocation Appeal Procedure

Case Brief

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Parties

Vincent Marsden

Claimant/applicant

Leonard Charles Elston

Defendant/respondent

Leslie Peter Daws

Defendant/respondent

Procedural Posture

Civil Appeal / Post Appeal Costs Correction

Legal Issues

1 Whether costs order should be on multi-track or fast-track basis after reduction of judgment sum
2 Whether defendants can challenge costs basis after appeal

Ratio Decidendi

Court Disposition

Costs order below in favour of claimant to stand on multi-track basis; respondent to have costs occasioned by relisting subject to public funding assessment on standard basis.

Orders

Costs order below in favour of claimant to stand
Respondent to have costs occasioned by relisting subject to public funding assessment on standard basis