Lowe & Anor v W Machell Joinery Ltd [2011] EWCA Civ 798 (08 July 2011)

Lowe & Anor v W Machell Joinery Ltd [2011] EWCA Civ 798 (08 July 2011)

The appropriate order is that the respondent pays the appellants' costs of the appeal, but there is no order as to costs below due to the claimants' conduct and the significant time spent on issues on which they lost.

Citation
[2011] EWCA Civ 798
Parties
Claimant/appellant: Keith Lowe; Claimant/appellant: Ann Lowe; Defendant/respondent: W Machell Joinery Ltd
Jurisdiction
England and Wales
Judgment Date
08 July 2011
Procedural Posture
Civil Appeal / Supplementary Judgment on Costs Following Successful Appeal
Outcome
Appeal allowed; judge's order set aside.
Legal Topics
Costs, Appeals, Implied Terms, Sale of Goods
Civil Procedure Contract Law Costs Appeals Implied Terms Sale of Goods

Case Brief

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Parties

Keith Lowe

Claimant/appellant

Ann Lowe

Claimant/appellant

W Machell Joinery Ltd

Defendant/respondent

Procedural Posture

Civil Appeal / Supplementary Judgment on Costs Following Successful Appeal

Legal Issues

  1. 1 Appropriate order as to costs following successful appeal
  2. 2 Effect of parties' conduct and issue-based approach on costs

Ratio Decidendi

The appropriate order is that the respondent pays the appellants' costs of the appeal, but there is no order as to costs below due to the claimants' conduct and the significant time spent on issues on which they lost.

Court Disposition

Appeal allowed; judge's order set aside.

Orders

  • Respondent to pay appellants £18,400 plus £1,104 interest by 22 July 2011.
  • Respondent to pay appellants' costs of the appeal, to be assessed if not agreed.