Dau Chi Chong v Funafloat Ltd (t/a College Cruisers) & Anor [2013] EWCA Civ 212 (31 January 2013)

Dau Chi Chong v Funafloat Ltd (t/a College Cruisers) & Anor [2013] EWCA Civ 212 (31 January 2013)

The claimant, not the first defendant, caused the costs to be incurred by joining and pursuing the second defendant in the main action. The usual rule that costs follow the event should apply. The first defendant is only liable for the costs of the Part 20 claim, not for the second defendant's costs of the main action.

Citation
[2013] EWCA Civ 212
Parties
Claimant: Dau Chi Chong; Appellant/first Defendant: Funafloat Ltd t/a College Cruisers; Respondent/second Defendant: British Waterways Board
Jurisdiction
England and Wales
Judgment Date
31 January 2013
Procedural Posture
Civil Appeal / Appeal From High Court (queen's Bench Division) to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Costs Orders, Joinder of Parties, Contribution Proceedings, Occupiers' Liability, Apportionment of Liability
Civil Procedure Tort Law Costs Orders Joinder of Parties Contribution Proceedings Occupiers' Liability Apportionment of Liability

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 3 Authorities cited 4 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Dau Chi Chong

Claimant

Funafloat Ltd t/a College Cruisers

Appellant/first Defendant

British Waterways Board

Respondent/second Defendant

Procedural Posture

Civil Appeal / Appeal From High Court (queen's Bench Division) to Court of Appeal

Legal Issues

  1. 1 Whether the trial judge erred in ordering the first defendant to pay the second defendant's costs of the action, subject to an indemnity from the claimant
  2. 2 Whether the usual rule that costs follow the event should apply in this case
  3. 3 Who caused the costs to be incurred in the litigation

Ratio Decidendi

The claimant, not the first defendant, caused the costs to be incurred by joining and pursuing the second defendant in the main action. The usual rule that costs follow the event should apply. The first defendant is only liable for the costs of the Part 20 claim, not for the second defendant's costs of the main action.

Court Disposition

Appeal allowed

Orders

  • Order substituted: the claimant to pay the costs of the action of both the first and second defendant; the first defendant to pay the costs of the Part 20 claim.