London Borough of Tower Hamlets v Barrett & Anor [2005] EWCA Civ 1073 (19 July 2005)

London Borough of Tower Hamlets v Barrett & Anor [2005] EWCA Civ 1073 (19 July 2005)

The defendants are entitled to their costs in both the county court and the Court of Appeal on the conventional basis, not indemnity. A payment on account of £30,000 is appropriate given the circumstances. Permission to appeal to the House of Lords is refused.

Citation
[2005] EWCA Civ 1073
Parties
Claimant/respondent: Mayor and Burgesses of the London Borough of Tower Hamlets; Defendant/appellant: Alfred Eugene Barrett; Defendant/appellant: Valerie Anne Barrett
Jurisdiction
England and Wales
Judgment Date
19 July 2005
Procedural Posture
Civil Appeal / Judgment on Costs Following Appeal
Outcome
Defendants awarded costs in both courts; payment on account ordered; permission to appeal refused.
Legal Topics
Costs, Assessment of Costs, Payment on Account, Permission to Appeal
Civil Procedure Costs Assessment of Costs Payment on Account Permission to Appeal

Case Brief

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Parties

Mayor and Burgesses of the London Borough of Tower Hamlets

Claimant/respondent

Alfred Eugene Barrett

Defendant/appellant

Valerie Anne Barrett

Defendant/appellant

Procedural Posture

Civil Appeal / Judgment on Costs Following Appeal

Legal Issues

  1. 1 Whether the defendants are entitled to their costs in both the county court and the Court of Appeal
  2. 2 Whether costs should be awarded on an indemnity basis or conventional basis
  3. 3 Whether a payment on account of costs should be ordered

Ratio Decidendi

The defendants are entitled to their costs in both the county court and the Court of Appeal on the conventional basis, not indemnity. A payment on account of £30,000 is appropriate given the circumstances. Permission to appeal to the House of Lords is refused.

Court Disposition

Defendants awarded costs in both courts; payment on account ordered; permission to appeal refused.

Orders

  • Defendants to have their costs in the county court and in the Court of Appeal on the conventional basis.
  • Costs to be assessed by the costs judge.