Brennan v Kettell & Ors

Brennan v Kettell & Ors

The successful Part 20 claimants are entitled to their costs of the appeal and relevant hearings below, to be paid by the Bank. The question of whether the Bank should pay the Kettells' costs of and incidental to the claim is remitted to the trial judge. Summary assessment of appeal costs is refused; costs to be subject to detailed assessment.

Parties
Claimant: Josephine Brennan; 1st Defendant, Part 20 Claimant/appellant: Allan Kettell; 2nd Defendant, Part 20 Claimant/appellant: Anthony Kettell; 3rd Defendant: H M Crown Estate Commissioners; Part 20 Defendant/respondent: Royal Bank of Scotland PLC
Jurisdiction
England and Wales
Judgment Date
25 July 2003
Procedural Posture
Civil Appeal / Costs Determination After Appeal
Outcome
Costs awarded to successful Part 20 claimants; further costs issues remitted; summary assessment refused.
Legal Topics
Costs, Appeals, Assessment of Costs
Civil Procedure Costs Appeals Assessment of Costs

Case Brief

Summary, issues, holding and outcome

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Parties

Josephine Brennan

Claimant

Allan Kettell

1st Defendant, Part 20 Claimant/appellant

Anthony Kettell

2nd Defendant, Part 20 Claimant/appellant

H M Crown Estate Commissioners

3rd Defendant

Royal Bank of Scotland PLC

Part 20 Defendant/respondent

Procedural Posture

Civil Appeal / Costs Determination After Appeal

Legal Issues

  1. 1 Entitlement to costs of the Part 20 claim appeal and hearings below
  2. 2 Whether the Bank should pay the Kettells' costs of and incidental to the claim
  3. 3 Whether summary assessment of appeal costs should be made

Ratio Decidendi

The successful Part 20 claimants are entitled to their costs of the appeal and relevant hearings below, to be paid by the Bank. The question of whether the Bank should pay the Kettells' costs of and incidental to the claim is remitted to the trial judge. Summary assessment of appeal costs is refused; costs to be subject to detailed assessment.

Court Disposition

Costs awarded to successful Part 20 claimants; further costs issues remitted; summary assessment refused.

Orders

  • Bank to pay successful Part 20 claimants' costs of the appeal and relevant hearings below.
  • Issue of Kettells' costs of and incidental to the claim remitted to His Honour Judge Maddocks.