London Borough of Tower Hamlets v Barrett & Anor

The defendants are entitled to their costs in both the county court and the Court of Appeal on the conventional basis, not indemnity. A payment on account of £30,000 is ordered within 28 days. Costs to be assessed by the costs judge. Permission to appeal to the House of Lords is refused.

Parties: Claimant/respondent: Mayor and Burgesses of the London Borough of Tower Hamlets; Defendant/appellant: Alfred Eugene Barrett; Defendant/appellant: Valerie Anne Barrett
Jurisdiction: England and Wales
Judgment Date: 19 July 2005
Procedural Posture: Civil Appeal / Judgment on Costs
Outcome: Defendants awarded costs; payment on account ordered; permission to appeal refused.
Legal Topics: Costs, Appeal Procedure

Civil Procedure Costs Appeal Procedure

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 Party arguments 2 Amounts and remedies 1

Parties

Mayor and Burgesses of the London Borough of Tower Hamlets

Claimant/respondent

Alfred Eugene Barrett

Defendant/appellant

Valerie Anne Barrett

Defendant/appellant

Procedural Posture

Civil Appeal / Judgment on Costs

Legal Issues

1 Entitlement to costs in county court and Court of Appeal
2 Basis for assessment of costs
3 Appropriateness of payment on account of costs

Ratio Decidendi

Court Disposition

Defendants awarded costs; payment on account ordered; permission to appeal refused.

Orders

Defendants to have their costs in county court and Court of Appeal on conventional basis.
Costs to be assessed by the costs judge.