Rowland v Environment Agency [2004] EWCA Civ 37 (22 January 2004)

Rowland v Environment Agency [2004] EWCA Civ 37 (22 January 2004)

The general rule on costs should apply because the respondent succeeded on the substantive issues, and there was no unreasonable conduct or discrete issue lost by the respondent to justify a different order.

Citation
[2004] EWCA Civ 37
Parties
Claimant/appellant: Josie Rowland; Defendant/respondent: The Environment Agency
Jurisdiction
England and Wales
Judgment Date
22 January 2004
Procedural Posture
Civil Appeal / Judgment on Costs After Appeal
Outcome
Costs of the appeal awarded to the respondent; costs order below to stand.
Legal Topics
Costs, Appeal, Discretion of Court, Conduct of Parties
Civil Procedure Costs Appeal Discretion of Court Conduct of Parties

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Josie Rowland

Claimant/appellant

The Environment Agency

Defendant/respondent

Procedural Posture

Civil Appeal / Judgment on Costs After Appeal

Legal Issues

  1. 1 Who should bear the costs of the appeal?
  2. 2 Whether the respondent's conduct justified a departure from the general rule on costs

Ratio Decidendi

The general rule on costs should apply because the respondent succeeded on the substantive issues, and there was no unreasonable conduct or discrete issue lost by the respondent to justify a different order.

Court Disposition

Costs of the appeal awarded to the respondent; costs order below to stand.

Orders

  • Appellant to pay the respondent's costs of the appeal.
  • Order for costs made by the judge below remains unchanged.