Partridge & Ors v Lawrence & Ors [2003] EWCA Civ 1122 (08 July 2003)

Partridge & Ors v Lawrence & Ors [2003] EWCA Civ 1122 (08 July 2003)

The defendants made a reasonable offer early in the proceedings that matched the eventual outcome; the claimants' late offer of mediation did not outweigh the defendants' conduct. Therefore, the defendants, as successful parties on the main issue, are entitled to the preponderance of their costs.

Citation
[2003] EWCA Civ 1122
Parties
Claimants/applicants: Partridge and Others; Defendants/respondents: Lawrence & Others
Jurisdiction
England and Wales
Judgment Date
08 July 2003
Procedural Posture
Civil Appeal / Costs Determination After Appeal Judgment
Outcome
Claimants to pay 85% of the defendants' costs here and below.
Legal Topics
Costs, Conduct of Parties, Settlement Offers, Mediation
Civil Procedure Costs Conduct of Parties Settlement Offers Mediation

Case Brief

Summary, issues, holding and outcome

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Parties

Partridge and Others

Claimants/applicants

Lawrence & Others

Defendants/respondents

Procedural Posture

Civil Appeal / Costs Determination After Appeal Judgment

Legal Issues

  1. 1 Who should bear the costs of the litigation given the conduct of the parties and offers made

Ratio Decidendi

The defendants made a reasonable offer early in the proceedings that matched the eventual outcome; the claimants' late offer of mediation did not outweigh the defendants' conduct. Therefore, the defendants, as successful parties on the main issue, are entitled to the preponderance of their costs.

Court Disposition

Claimants to pay 85% of the defendants' costs here and below.

Orders

  • Claimants to pay 85% of the defendants' costs incurred in this court and the court below.