Michael Gerson (Leasing) Ltd v John L Green (Machine Tool Merchants) Ltd & Ors [2002] EWCA Civ 1397 (20 September 2002)

Michael Gerson (Leasing) Ltd v John L Green (Machine Tool Merchants) Ltd & Ors [2002] EWCA Civ 1397 (20 September 2002)

Permission to appeal granted because the judge's mistaken understanding of the claim amount undermined the basis for distinguishing individual from corporate defendants in costs allocation.

Citation
[2002] EWCA Civ 1397
Parties
Claimant/applicant: Michael Gerson (Leasing) Limited; Defendant/respondent: John L Green (Machine Tool Merchants) Limited; Defendant/respondent: John McQuade Hunter; Defendant/respondent: Alan Brunskill; Defendant/respondent: Alan William Rider; Defendant/respondent: Rider Fenn & Ridgway PLC; Defendant/respondent: British Linen Asset Finance Limited
Jurisdiction
England and Wales
Judgment Date
20 September 2002
Procedural Posture
Appeal / Permission to Appeal Against Costs Judgment
Outcome
Permission to appeal granted
Legal Topics
Costs Allocation, Indemnity Costs, Appeal Procedure
Civil Procedure Costs Costs Allocation Indemnity Costs Appeal Procedure

Case Brief

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Parties

Michael Gerson (Leasing) Limited

Claimant/applicant

John L Green (Machine Tool Merchants) Limited

Defendant/respondent

John McQuade Hunter

Defendant/respondent

Alan Brunskill

Defendant/respondent

Alan William Rider

Defendant/respondent

Rider Fenn & Ridgway PLC

Defendant/respondent

British Linen Asset Finance Limited

Defendant/respondent

Procedural Posture

Appeal / Permission to Appeal Against Costs Judgment

Legal Issues

  1. 1 Whether the judge erred in allocating costs solely to Gerson for individual defendants
  2. 2 Whether the judge's understanding of the claim amount was mistaken and affected costs orders

Ratio Decidendi

Permission to appeal granted because the judge's mistaken understanding of the claim amount undermined the basis for distinguishing individual from corporate defendants in costs allocation.

Court Disposition

Permission to appeal granted

Orders

  • Appeal to be heard before two Lords Justices or a Lord Justice and a High Court Judge with a time estimate of half a day
  • Application to adduce fresh evidence adjourned to the hearing of the appeal