AN & Ors v Poole Borough Council

AN & Ors v Poole Borough Council

The Defendant may set off 40% of the 75% costs of the hearing before Master Eastman against sums due to CN and GN. This proportion reflects the fair attribution of costs between the original First Claimant and the children. The liability of the original First Claimant remains in place.

Parties
Claimant/appellant: AN; Claimant/appellant: CN (through his litigation friend THE OFFICIAL SOLICITOR); Claimant/appellant: GN (through his litigation friend THE OFFICIAL SOLICITOR); Defendant/respondent: Poole Borough Council
Jurisdiction
England and Wales
Judgment Date
04 May 2016
Procedural Posture
Civil Appeal / Ruling on Costs After Appeal Hearing
Outcome
Costs apportioned; set-off allowed in part; further costs order made.
Legal Topics
Costs, Set Off of Costs, Apportionment of Costs
Civil Procedure Costs Set Off of Costs Apportionment of Costs

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Parties

AN

Claimant/appellant

CN (through his litigation friend THE OFFICIAL SOLICITOR)

Claimant/appellant

GN (through his litigation friend THE OFFICIAL SOLICITOR)

Claimant/appellant

Poole Borough Council

Defendant/respondent

Procedural Posture

Civil Appeal / Ruling on Costs After Appeal Hearing

Legal Issues

  1. 1 Whether the Defendant is entitled to set off 75% of its costs of the interlocutory hearing against any damages or costs recoverable by the Claimants
  2. 2 What proportion of the costs before Master Eastman is fairly attributable to the Claimants CN and GN

Ratio Decidendi

The Defendant may set off 40% of the 75% costs of the hearing before Master Eastman against sums due to CN and GN. This proportion reflects the fair attribution of costs between the original First Claimant and the children. The liability of the original First Claimant remains in place.

Court Disposition

Costs apportioned; set-off allowed in part; further costs order made.

Orders

  • Defendant may set off 40% of the 75% costs of the hearing before Master Eastman against sums due to CN and GN.
  • Defendant to pay Claimants one half of their costs of correspondence after 8 April 2016 concerning the drawing of the court’s Order, payment within 28 days of the seal date of the Order.