Goldman v Lee & Anor [2002] EWCA Civ 445 (19 March 2002)

Goldman v Lee & Anor [2002] EWCA Civ 445 (19 March 2002)

The judge did not err in principle or act plainly wrongly in exercising discretion to award costs against the applicant, given the complicated history and the respondents' reasons for attendance; the discretion was properly exercised.

Citation
[2002] EWCA Civ 445
Parties
Claimant/applicant: Leon Goldman; Defendant/respondent: Henry Lee; Defendant/respondent: New River Health Authority
Jurisdiction
England and Wales
Judgment Date
19 March 2002
Procedural Posture
Civil Appeal / Application for Permission to Appeal Out of Time
Outcome
Application dismissed
Legal Topics
Costs Orders, Permission to Appeal, Discretion of Judge, Defamation Claim, Striking Out Claims

Case Brief

Summary, issues, holding and outcome

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Parties

Leon Goldman

Claimant/applicant

Henry Lee

Defendant/respondent

New River Health Authority

Defendant/respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal Out of Time

  1. 1 Whether the judge erred in principle or was plainly wrong in awarding costs against the applicant on an application for permission to appeal
  2. 2 Whether there were special circumstances justifying a costs order against the applicant

Ratio Decidendi

The judge did not err in principle or act plainly wrongly in exercising discretion to award costs against the applicant, given the complicated history and the respondents' reasons for attendance; the discretion was properly exercised.

Court Disposition

Application dismissed

Orders

  • Application for permission to appeal out of time dismissed
  • Costs order against applicant stands