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
Legal Issues
- 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 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
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