Costello & Anor v Macdonald & Ors [2012] EWCA Civ 86 (10 February 2012)

Costello & Anor v Macdonald & Ors [2012] EWCA Civ 86 (10 February 2012)

The successful party on appeal is entitled to costs of the appeal and related applications; costs below to be assessed on the standard basis; no indemnity basis or payment on account warranted given the mixed outcome and parties' respective entitlements and liabilities.

Citation
[2012] EWCA Civ 86
Parties
Appellants: Costello & Anor; Respondents: MacDonald & Ors; Party to Contract: Oakwood
Jurisdiction
England and Wales
Judgment Date
10 February 2012
Procedural Posture
Civil Appeal / Costs Determination Following Appeal Judgment
Outcome
Appeal allowed; costs orders made as specified.
Legal Topics
Costs, Appeals, Counterclaims
Civil Procedure Costs Appeals Counterclaims

Case Brief

Summary, issues, holding and outcome

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Parties

Costello & Anor

Appellants

MacDonald & Ors

Respondents

Oakwood

Party to Contract

Procedural Posture

Civil Appeal / Costs Determination Following Appeal Judgment

Legal Issues

  1. 1 Entitlement to costs following appeal
  2. 2 Costs of application for permission to cross-appeal
  3. 3 Costs relating to claim and counterclaim

Ratio Decidendi

The successful party on appeal is entitled to costs of the appeal and related applications; costs below to be assessed on the standard basis; no indemnity basis or payment on account warranted given the mixed outcome and parties' respective entitlements and liabilities.

Court Disposition

Appeal allowed; costs orders made as specified.

Orders

  • Respondents to pay Mr and Mrs Costello's costs of the appeal and application to cross-appeal.
  • Respondents to pay Mr and Mrs Costello's costs of defending the claim, except for the balance of costs on the preliminary issue.