Poole v Arcot Hall Golf Club [2002] EWCA Civ 985 (20 June 2002)

Poole v Arcot Hall Golf Club [2002] EWCA Civ 985 (20 June 2002)

The judge had discretion to award costs to the respondents, who were entitled to attend the hearing given the orders made. The assessment of £3,500 was not shown to be disproportionate or inappropriate. There was no realistic prospect of a successful appeal against the costs order.

Citation
[2002] EWCA Civ 985
Parties
Claimant/applicant: Barry Poole; Defendant/respondent: Arcot Hall Golf Club
Jurisdiction
England and Wales
Judgment Date
20 June 2002
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
Application for permission to appeal refused
Legal Topics
Costs, Permission to Appeal, Pre Action Discovery, Defamation
Civil Procedure Costs Permission to Appeal Pre Action Discovery Defamation

Case Brief

Summary, issues, holding and outcome

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Parties

Barry Poole

Claimant/applicant

Arcot Hall Golf Club

Defendant/respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the judge erred in awarding costs against the applicant for the respondents' attendance at a permission to appeal hearing
  2. 2 Whether the costs awarded were disproportionate or unnecessary
  3. 3 Whether the respondents were entitled to be present at the hearing

Ratio Decidendi

The judge had discretion to award costs to the respondents, who were entitled to attend the hearing given the orders made. The assessment of £3,500 was not shown to be disproportionate or inappropriate. There was no realistic prospect of a successful appeal against the costs order.

Court Disposition

Application for permission to appeal refused

Orders

  • Permission to appeal refused
  • Applicant to pay costs as previously ordered