London Borough of Hackney v Campbell & Anor

London Borough of Hackney v Campbell & Anor

The trial judge erred in awarding costs to Mr Lawrence Campbell as if he were in the same position as Mrs Campbell, despite his failure on all substantive counterclaim issues except the right to buy, which was only upheld for Mrs Campbell. The appellate court set aside the costs order and substituted it with no order as to costs between Hackney and Mr Lawrence Campbell, as it was not possible to apportion costs attributable to the counterclaim issues.

Parties
Claimant/appellant: The Mayor and Burgesses of the London Borough of Hackney; Defendant/respondent: Burley Campbell; Defendant/respondent: Lawrence Campbell
Jurisdiction
England and Wales
Judgment Date
28 April 2005
Procedural Posture
Civil Appeal / Appeal From County Court Decision on Costs
Outcome
Appeal allowed
Legal Topics
Costs, Right to Buy, Possession Proceedings, Counterclaim, Adverse Possession
Civil Procedure Land Law Housing Law Costs Right to Buy Possession Proceedings Counterclaim Adverse Possession

Case Brief

Summary, issues, holding and outcome

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Parties

The Mayor and Burgesses of the London Borough of Hackney

Claimant/appellant

Burley Campbell

Defendant/respondent

Lawrence Campbell

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From County Court Decision on Costs

Legal Issues

  1. 1 Whether the trial judge erred in awarding costs to Mr Lawrence Campbell on his defence and counterclaim
  2. 2 Whether the counterclaim issues were separable from the main right to buy issue
  3. 3 Whether the court should interfere with the trial judge's discretion on costs

Ratio Decidendi

The trial judge erred in awarding costs to Mr Lawrence Campbell as if he were in the same position as Mrs Campbell, despite his failure on all substantive counterclaim issues except the right to buy, which was only upheld for Mrs Campbell. The appellate court set aside the costs order and substituted it with no order as to costs between Hackney and Mr Lawrence Campbell, as it was not possible to apportion costs attributable to the counterclaim issues.

Court Disposition

Appeal allowed

Orders

  • Order awarding costs to Mr Lawrence Campbell set aside
  • No order as to costs on defence or counterclaim between Hackney and Mr Lawrence Campbell