Taylor v Burton & Anor

The court determined that both parties achieved material success in the appeal, with neither being the overall successful party, and therefore made no order as to costs.

Parties: Appellant/defendant: David Michael John Taylor; Respondent/claimant: Paul Arthur Burton; Respondent/claimant: Janette Anne Burton
Jurisdiction: England and Wales
Judgment Date: 06 February 2014
Procedural Posture: Civil Appeal / Costs Determination After Appeal Judgment
Outcome: No order as to costs of the appeal
Legal Topics: Costs, Appeal, Easement, Right of Way

Civil Procedure Property Law Costs Appeal Easement Right of Way

Case Brief

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Parties

David Michael John Taylor

Appellant/defendant

Paul Arthur Burton

Respondent/claimant

Janette Anne Burton

Respondent/claimant

Procedural Posture

Civil Appeal / Costs Determination After Appeal Judgment

Legal Issues

1 Appropriate costs order following mixed success on appeal
2 Resolution of mistake in lower court order regarding easement
3 Assessment of success in appeal grounds

Ratio Decidendi

The court determined that both parties achieved material success in the appeal, with neither being the overall successful party, and therefore made no order as to costs.

Court Disposition

No order as to costs of the appeal

Orders

No order as to costs of the appeal