Rowland v Environment Agency

Rowland v Environment Agency

The respondent succeeded on the substantive issues, and there was no unreasonable conduct justifying a departure from the general rule; therefore, the respondent is entitled to the costs of the appeal and the order below stands.

Parties
Claimant/appellant: Josie Rowland; Defendant/respondent: The Environment Agency
Jurisdiction
England and Wales
Judgment Date
22 January 2004
Procedural Posture
Civil Appeal / Judgment on Costs
Outcome
Costs of the appeal awarded to the respondent; costs order below to stand.
Legal Topics
Costs, Appeal Procedure
Civil Procedure Costs Appeal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Josie Rowland

Claimant/appellant

The Environment Agency

Defendant/respondent

Procedural Posture

Civil Appeal / Judgment on Costs

Legal Issues

  1. 1 Who should bear the costs of the appeal?
  2. 2 Whether the respondent's conduct justified a departure from the general rule on costs

Ratio Decidendi

The respondent succeeded on the substantive issues, and there was no unreasonable conduct justifying a departure from the general rule; therefore, the respondent is entitled to the costs of the appeal and the order below stands.

Court Disposition

Costs of the appeal awarded to the respondent; costs order below to stand.

Orders

  • Costs of the appeal awarded in favour of the respondent
  • Costs order made by the judge below to stand