Little Rhoden Farm v Susan Lesley Law & Anor

Little Rhoden Farm v Susan Lesley Law & Anor

The trial judge did not err in the exercise of discretion regarding costs; the approach to treat claim and counterclaim separately and apply the Medway Oil rule was within the reasonable ambit of judicial discretion, and no failure to consider relevant factors was established.

Parties
Claimant/appellant: Little Rhoden Farm; Defendant/respondent: Susan Lesley Law; Defendant/respondent: Sarah Jane Gresley; Part 20 Defendant/appellant: Richard Pemble; Part 20 Defendant/appellant: Christine Pemble
Jurisdiction
England and Wales
Judgment Date
13 December 2022
Procedural Posture
Civil Appeal (costs) / Judgment on Appeal From County Court Regarding Costs Order
Outcome
Appeal dismissed
Legal Topics
Costs, Appeal, Discretion, Counterclaim, Trespass, Nuisance, Proprietary Estoppel
Civil Procedure Costs Appeal Discretion Counterclaim Trespass Nuisance Proprietary Estoppel

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Parties

Little Rhoden Farm

Claimant/appellant

Susan Lesley Law

Defendant/respondent

Sarah Jane Gresley

Defendant/respondent

Richard Pemble

Part 20 Defendant/appellant

Christine Pemble

Part 20 Defendant/appellant

Procedural Posture

Civil Appeal (costs) / Judgment on Appeal From County Court Regarding Costs Order

Legal Issues

  1. 1 Whether the trial judge erred in the exercise of discretion in awarding costs on claim and counterclaim
  2. 2 Whether the judge failed to consider relevant offers and proportionality in costs
  3. 3 Whether the judge failed to consider pre-action protocol non-compliance

Ratio Decidendi

The trial judge did not err in the exercise of discretion regarding costs; the approach to treat claim and counterclaim separately and apply the Medway Oil rule was within the reasonable ambit of judicial discretion, and no failure to consider relevant factors was established.

Court Disposition

Appeal dismissed

Orders

  • Appeal against paragraphs 5.2 and 5.3 of the costs order is dismissed; original costs order stands