Little Rhoden Farm v Law & Anor [2022] EWHC 3308 (Ch) (13 December 2022)

Little Rhoden Farm v Law & Anor [2022] EWHC 3308 (Ch) (13 December 2022)

The judge did not err in the exercise of discretion regarding costs; the approach to treat claim and counterclaim separately and apply the Medway Oil principle was within the judge's discretion. The appeal court cannot substitute its own order unless the judge was obviously wrong, which was not established.

Citation
[2022] EWHC 3308 (Ch)
Parties
Claimant/appellant: Little Rhoden Farm; Defendant/respondent: Susan Lesley Law; Defendant/respondent: Sarah Jane Gresley; Part 20 Defendant/appellant: Richard Pemble; Part 20 Defendant/appellant: Christine Pemble
Jurisdiction
England and Wales
Judgment Date
13 December 2022
Procedural Posture
Appeal / Judgment on Appeal Against Costs Order
Outcome
Appeal dismissed
Legal Topics
Costs, Trespass, Counterclaim, Nuisance, Proprietary Estoppel, Pre Action Protocol
Civil Procedure Property Law Costs Trespass Counterclaim Nuisance Proprietary Estoppel Pre Action Protocol

Case Brief

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Parties

Little Rhoden Farm

Claimant/appellant

Susan Lesley Law

Defendant/respondent

Sarah Jane Gresley

Defendant/respondent

Richard Pemble

Part 20 Defendant/appellant

Christine Pemble

Part 20 Defendant/appellant

Procedural Posture

Appeal / Judgment on Appeal Against Costs Order

Legal Issues

  1. 1 Whether the trial judge erred in the exercise of discretion regarding costs allocation between claim and counterclaim
  2. 2 Whether the judge failed to consider an admissible settlement offer
  3. 3 Whether the judge failed to consider proportionality of costs in relation to the Technics Fee

Ratio Decidendi

The judge did not err in the exercise of discretion regarding costs; the approach to treat claim and counterclaim separately and apply the Medway Oil principle was within the judge's discretion. The appeal court cannot substitute its own order unless the judge was obviously wrong, which was not established.

Court Disposition

Appeal dismissed

Orders

  • Appeal against paragraphs 5.2 and 5.3 of the costs order dismissed
  • No change to costs allocation as ordered by trial judge