Leicester Circuits Ltd. v Coates Brothers Plc

Leicester Circuits Ltd. v Coates Brothers Plc

The unexplained withdrawal by Coates from an agreed mediation process was significant but did not justify depriving them of all costs; costs below were ordered up to 1st January 2002, with no order thereafter, and costs of the appeal to follow the event. No new trial or permission to appeal to the House of Lords was granted. Immediate repayment of sums paid under court order was required, with no instalment order for costs or counterclaim.

Parties
Claimant/appellant: Leicester Circuits Limited; Defendant/respondent: Coates Brothers PLC
Jurisdiction
England and Wales
Judgment Date
05 March 2003
Procedural Posture
Civil Appeal / Judgment on Appeal From High Court
Outcome
Appeal allowed; no new trial; no permission to appeal to House of Lords; costs and repayment orders as specified.
Legal Topics
Costs, Alternative Dispute Resolution, Appeal Procedure, Mediation, Counterclaim
Civil Procedure Contract Law Costs Alternative Dispute Resolution Appeal Procedure Mediation Counterclaim

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Leicester Circuits Limited

Claimant/appellant

Coates Brothers PLC

Defendant/respondent

Procedural Posture

Civil Appeal / Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether a new trial should be ordered after a successful appeal
  2. 2 Whether permission to appeal to the House of Lords should be granted
  3. 3 Appropriate order for costs in light of mediation withdrawal

Ratio Decidendi

The unexplained withdrawal by Coates from an agreed mediation process was significant but did not justify depriving them of all costs; costs below were ordered up to 1st January 2002, with no order thereafter, and costs of the appeal to follow the event. No new trial or permission to appeal to the House of Lords was granted. Immediate repayment of sums paid under court order was required, with no instalment order for costs or counterclaim.

Court Disposition

Appeal allowed; no new trial; no permission to appeal to House of Lords; costs and repayment orders as specified.

Orders

  • Leicester to pay Coates' costs up to 1st January 2002 for proceedings below; no order for costs thereafter.
  • Leicester to pay Coates' costs of the appeal.