Horth v Thompson

Horth v Thompson

No error of principle was identified in the trial judge's exercise of discretion regarding costs; the judge's decision not to reflect apportionment in costs was within reasonable limits and did not warrant appellate interference.

Parties
Claimant/appellant: David Horth; Defendant/respondent: Jay Thompson
Jurisdiction
England and Wales
Judgment Date
06 July 2010
Procedural Posture
Civil Appeal / Judgment on Appeal Against Costs Order
Outcome
Appeal rejected
Legal Topics
Costs, Apportionment of Liability, Conditional Fee Agreements, Fast Track Trial Costs
Civil Procedure Personal Injury Costs Apportionment of Liability Conditional Fee Agreements Fast Track Trial Costs

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Parties

David Horth

Claimant/appellant

Jay Thompson

Defendant/respondent

Procedural Posture

Civil Appeal / Judgment on Appeal Against Costs Order

Legal Issues

  1. 1 Whether the trial judge erred in principle in the exercise of discretion regarding costs
  2. 2 Whether costs should follow the event in cases with claim and counterclaim
  3. 3 Effect of conditional fee arrangements on costs

Ratio Decidendi

No error of principle was identified in the trial judge's exercise of discretion regarding costs; the judge's decision not to reflect apportionment in costs was within reasonable limits and did not warrant appellate interference.

Court Disposition

Appeal rejected

Orders

  • No interference with trial judge's costs order
  • Each party to bear costs as ordered by trial judge