Wiltshire v Powell & Ors [2004] EWCA Civ 626 (07 May 2004)

Wiltshire v Powell & Ors [2004] EWCA Civ 626 (07 May 2004)

The appellant's failure to bring all relevant parties before the court in the first instance led to the necessity of the second action, and there was no justification to depart from the usual order for costs against the unsuccessful appellant.

Citation
[2004] EWCA Civ 626
Parties
Appellant/claimant: Timothy Wiltshire; Respondent/defendant: Michael Powell; Respondent/defendant: Paul Etherington; Respondent/defendant: Derek Heapy; Respondent/defendant: Peter Storey
Jurisdiction
England and Wales
Judgment Date
07 May 2004
Procedural Posture
Civil Appeal / Costs Judgment Following Appeal Decision
Outcome
Appeal dismissed as to costs; application for leave to appeal refused
Legal Topics
Costs, Appeals, Joinder of Parties
Civil Procedure Costs Appeals Joinder of Parties

Case Brief

Summary, issues, holding and outcome

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Parties

Timothy Wiltshire

Appellant/claimant

Michael Powell

Respondent/defendant

Paul Etherington

Respondent/defendant

Derek Heapy

Respondent/defendant

Peter Storey

Respondent/defendant

Procedural Posture

Civil Appeal / Costs Judgment Following Appeal Decision

Legal Issues

  1. 1 Whether the second, third, and fourth respondents should be awarded their costs on the appeal
  2. 2 Whether leave to appeal to the House of Lords should be granted

Ratio Decidendi

The appellant's failure to bring all relevant parties before the court in the first instance led to the necessity of the second action, and there was no justification to depart from the usual order for costs against the unsuccessful appellant.

Court Disposition

Appeal dismissed as to costs; application for leave to appeal refused

Orders

  • Appellant to pay the costs of the second, third, and fourth respondents on the appeal
  • Application for leave to appeal to the House of Lords refused