Gordon v Harry [2004] EWCA Civ 1226 (08 September 2004)

Gordon v Harry [2004] EWCA Civ 1226 (08 September 2004)

The trial judge made a material error in the exercise of discretion regarding the costs of the trial, awarding two-thirds to the claimant when only one-third was justified given the outcome and conduct. The appellate court substituted the correct order.

Citation
[2004] EWCA Civ 1226
Parties
Claimant/respondent: Juliet Beverly Gordon; Defendant/applicant: Brian Paul Harry
Jurisdiction
England and Wales
Judgment Date
08 September 2004
Procedural Posture
Appeal / Permission to Appeal Out of Time and Appeal on Costs Order
Outcome
Appeal allowed in part; extension of time granted; costs order varied.
Legal Topics
Costs Orders, Joint Ownership, Discretion of Trial Judge
Property Law Civil Procedure Costs Orders Joint Ownership Discretion of Trial Judge

Case Brief

Summary, issues, holding and outcome

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Parties

Juliet Beverly Gordon

Claimant/respondent

Brian Paul Harry

Defendant/applicant

Procedural Posture

Appeal / Permission to Appeal Out of Time and Appeal on Costs Order

Legal Issues

  1. 1 Whether the trial judge erred in the exercise of discretion regarding the costs order
  2. 2 Whether the appellant should be granted permission to appeal out of time

Ratio Decidendi

The trial judge made a material error in the exercise of discretion regarding the costs of the trial, awarding two-thirds to the claimant when only one-third was justified given the outcome and conduct. The appellate court substituted the correct order.

Court Disposition

Appeal allowed in part; extension of time granted; costs order varied.

Orders

  • Appellant's notice time extended to date lodged.
  • Permission to appeal out of time granted.