Hatton & Anor v Connew & Anor [2013] EWCA Civ 1681 (20 December 2013)

Hatton & Anor v Connew & Anor [2013] EWCA Civ 1681 (20 December 2013)

Defendants succeeded on appeal regarding the Bank Strip and Triangle and are entitled to 70% of appeal costs; claimants succeeded regarding the Swathe and are entitled to 30% of their appeal costs. Costs below relating to the Bank Strip and Triangle are reserved for the re-trial judge. The claimants are entitled to costs of the Swathe below, with £7,500 payable on account, set off against the appeal costs, resulting in a net payment of £965 by claimants to defendants.

Citation
[2013] EWCA Civ 1681
Parties
Claimant/respondent: William Patrick Hatton; Claimant/respondent: Margaret Mary Hatton; Defendant/appellant: Peter Connew; Defendant/appellant: Iris Connew
Jurisdiction
England and Wales
Judgment Date
20 December 2013
Procedural Posture
Civil Appeal / Post Judgment Order on Costs and Case Management
Outcome
Appeal allowed in part; orders on costs varied; case remitted for re-hearing on certain issues.
Legal Topics
Costs, Case Management, Boundary Disputes, Appeals
Civil Procedure Property Law Costs Case Management Boundary Disputes Appeals

Case Brief

Summary, issues, holding and outcome

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Parties

William Patrick Hatton

Claimant/respondent

Margaret Mary Hatton

Claimant/respondent

Peter Connew

Defendant/appellant

Iris Connew

Defendant/appellant

Procedural Posture

Civil Appeal / Post Judgment Order on Costs and Case Management

Legal Issues

  1. 1 Proper apportionment and assessment of appeal costs
  2. 2 Whether to reserve or summarily assess costs
  3. 3 Appropriate orders for costs below after partial success on appeal

Ratio Decidendi

Defendants succeeded on appeal regarding the Bank Strip and Triangle and are entitled to 70% of appeal costs; claimants succeeded regarding the Swathe and are entitled to 30% of their appeal costs. Costs below relating to the Bank Strip and Triangle are reserved for the re-trial judge. The claimants are entitled to costs of the Swathe below, with £7,500 payable on account, set off against the appeal costs, resulting in a net payment of £965 by claimants to defendants.

Court Disposition

Appeal allowed in part; orders on costs varied; case remitted for re-hearing on certain issues.

Orders

  • Defendants entitled to 70% of appeal costs (£14,210); claimants entitled to 30% of their appeal costs (£5,745); net payment of £8,465 by claimants to defendants for appeal costs.
  • Costs below relating to Bank Strip and Triangle reserved to re-trial judge.