Papaspyrou & Anor v Gredley & Anor [2002] EWCA Civ 638 (26 May 2002)

Papaspyrou & Anor v Gredley & Anor [2002] EWCA Civ 638 (26 May 2002)

The trial judge's discretion on costs was properly exercised, considering the claimants had to litigate to establish their rights, and there was no error of principle or plainly wrong exercise of discretion justifying appellate interference.

Citation
[2002] EWCA Civ 638
Parties
Claimant/respondent: Stephen Papaspyrou; Claimant/respondent: Helen Papaspyrou; Defendant/applicant: Sarah Gredley; Defendant/applicant: Nomad Tribe Limited
Jurisdiction
England and Wales
Judgment Date
26 May 2002
Procedural Posture
Civil Appeal / Application for Permission to Appeal Costs Order
Outcome
Application for permission to appeal refused
Legal Topics
Costs, Right of Way, Parking Rights, Discretion of Trial Judge
Civil Procedure Costs Right of Way Parking Rights Discretion of Trial Judge

Case Brief

Summary, issues, holding and outcome

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Parties

Stephen Papaspyrou

Claimant/respondent

Helen Papaspyrou

Claimant/respondent

Sarah Gredley

Defendant/applicant

Nomad Tribe Limited

Defendant/applicant

Procedural Posture

Civil Appeal / Application for Permission to Appeal Costs Order

Legal Issues

  1. 1 Whether the trial judge erred in awarding 75% of costs against the defendants despite partial success on some issues
  2. 2 Whether the judge failed to properly consider the outcome on all issues in the costs order

Ratio Decidendi

The trial judge's discretion on costs was properly exercised, considering the claimants had to litigate to establish their rights, and there was no error of principle or plainly wrong exercise of discretion justifying appellate interference.

Court Disposition

Application for permission to appeal refused

Orders

  • Application refused