National Westminster Bank Plc v Kotonou

National Westminster Bank Plc v Kotonou

The trial judge did not err in principle in making no order as to costs for the interlocutory hearings, nor in making a 50/50 split costs order in the guarantee proceedings, given the number of unsuccessful issues raised by Mr Kotonou and the discretion afforded to the trial judge under the Civil Procedure Rules.

Parties
Appellant in 1 & 2, Respondent in 3: National Westminster Bank PLC; Respondent in 1 & 2, Appellant in 3: Kotonou (Mr Angeli Kotonou); Appellant in 3: Deborah Kotonou
Jurisdiction
England and Wales
Judgment Date
26 February 2007
Procedural Posture
Civil Appeal / Appeal From High Court (chancery Division) on Costs Orders
Outcome
Appeal dismissed; applications for permission to appeal refused.
Legal Topics
Costs Orders, Guarantee Enforcement, Mortgage Interpretation, Issue Based Costs Apportionment
Civil Procedure Banking Law Costs Orders Guarantee Enforcement Mortgage Interpretation Issue Based Costs Apportionment

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 6 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

National Westminster Bank PLC

Appellant in 1 & 2, Respondent in 3

Kotonou (Mr Angeli Kotonou)

Respondent in 1 & 2, Appellant in 3

Deborah Kotonou

Appellant in 3

Procedural Posture

Civil Appeal / Appeal From High Court (chancery Division) on Costs Orders

Legal Issues

  1. 1 Whether the trial judge erred in making no order as to costs for certain interlocutory hearings
  2. 2 Whether the trial judge erred in making a split (50/50) costs order in the guarantee proceedings

Ratio Decidendi

The trial judge did not err in principle in making no order as to costs for the interlocutory hearings, nor in making a 50/50 split costs order in the guarantee proceedings, given the number of unsuccessful issues raised by Mr Kotonou and the discretion afforded to the trial judge under the Civil Procedure Rules.

Court Disposition

Appeal dismissed; applications for permission to appeal refused.

Orders

  • Appeal dismissed.
  • Application for permission to appeal (guarantee proceedings) refused.