Murphy v Countryside In Partnership Plc

Murphy v Countryside In Partnership Plc

The defendant has an arguable case that the judge's exercise of discretion on costs was erroneous, justifying permission to appeal.

Parties
Claimant/respondent: Colin Murphy (substituted for Barbara Murphy, deceased); Defendant/appellant: Countryside in Partnership Plc
Jurisdiction
England and Wales
Judgment Date
19 July 2006
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal (costs)
Outcome
Permission to appeal granted
Legal Topics
Costs, Appeal, Judicial Discretion
Civil Procedure Costs Appeal Judicial Discretion

Case Brief

Summary, issues, holding and outcome

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Parties

Colin Murphy (substituted for Barbara Murphy, deceased)

Claimant/respondent

Countryside in Partnership Plc

Defendant/appellant

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal (costs)

Legal Issues

  1. 1 Whether the trial judge erred in depriving the successful defendant of all its costs based on conduct

Ratio Decidendi

The defendant has an arguable case that the judge's exercise of discretion on costs was erroneous, justifying permission to appeal.

Court Disposition

Permission to appeal granted

Orders

  • Permission to appeal granted to the defendant