Brennan v Kettell & Ors [2003] EWCA Civ 1185 (25 July 2003)

Successful Part 20 claimants are awarded their costs against the Bank; assessment of costs and related matters are remitted to the trial judge; summary assessment of appeal costs is declined in favour of detailed assessment.

Citation: [2003] EWCA Civ 1185
Parties: Claimant: Josephine Brennan; 1st Defendant and Part 20 Claimant/appellant: Allan Kettell; 2nd Defendant and Part 20 Claimant/appellant: Anthony Kettell; 3rd Defendant: H M Crown Estate Commissioners; Part 20 Defendant/respondent: Royal Bank of Scotland PLC
Jurisdiction: England and Wales
Judgment Date: 25 July 2003
Procedural Posture: Civil Appeal / Costs Order Following Appeal
Outcome: Costs awarded to successful Part 20 claimants; assessment remitted; summary assessment declined.
Legal Topics: Costs, Assessment of Costs, Part 20 Claims

Civil Procedure Costs Assessment of Costs Part 20 Claims

Case Brief

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Parties

Josephine Brennan

Claimant

Allan Kettell

1st Defendant and Part 20 Claimant/appellant

Anthony Kettell

2nd Defendant and Part 20 Claimant/appellant

H M Crown Estate Commissioners

3rd Defendant

Royal Bank of Scotland PLC

Part 20 Defendant/respondent

Procedural Posture

Civil Appeal / Costs Order Following Appeal

Legal Issues

1 Entitlement to costs for Part 20 claimants
2 Appropriate forum for assessment of costs
3 Summary assessment versus detailed assessment of appeal costs

Ratio Decidendi

Court Disposition

Costs awarded to successful Part 20 claimants; assessment remitted; summary assessment declined.

Orders

Bank to pay Part 20 claimants' costs of appeal and hearings below.
Assessment of costs and related matters remitted to His Honour Judge Maddocks.