Gould v Armstrong & Anor [2002] EWCA Civ 1159 (23 July 2002)

The District Judge's costs order was within his discretion under the Civil Procedure Rules, given the conduct of the parties, the issues litigated, and the proportionality of costs to the sums at stake. The appellate judge was not justified in substituting his own discretion for that of the District Judge.

Citation: [2002] EWCA Civ 1159
Parties: Claimant/respondent: MR J GOULD; Defendant/appellant: MR M ARMSTRONG; Defendant/appellant: MRS L A ARMSTRONG
Jurisdiction: England and Wales
Judgment Date: 23 July 2002
Procedural Posture: Civil Appeal / Second Appeal From County Court Costs Order
Outcome: Appeal allowed; costs order of District Judge reinstated
Legal Topics: Costs Orders, Building Contract Disputes, Discretion in Costs, Civil Procedure Rules (cpr), Appeals on Costs

Civil Procedure Costs Costs Orders Building Contract Disputes Discretion in Costs Civil Procedure Rules (cpr) Appeals on Costs

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Parties

MR J GOULD

Claimant/respondent

MR M ARMSTRONG

Defendant/appellant

MRS L A ARMSTRONG

Defendant/appellant

Procedural Posture

Civil Appeal / Second Appeal From County Court Costs Order

Legal Issues

1 Whether the appellate court was justified in substituting its discretion for that of the trial judge regarding costs
2 Whether the costs order made by the District Judge was properly open to him under the Civil Procedure Rules

Ratio Decidendi

Court Disposition

Appeal allowed; costs order of District Judge reinstated

Orders

Costs order made by District Judge Turner reinstated
Respondent to pay appellant's costs of hearing before Judge Overend in sum of £3,189.54