Allen v Matthews

The trial judge erred in principle by awarding all costs of the first action without making provision for the outcome of the second action, as costs incurred in the first action could save costs in the second. The proper order was to defer the costs decision (except for those thrown away on the locus standi point) until the second action was finally determined.

Parties: Claimant/appellant: Allen; Defendant/respondent: Matthews
Jurisdiction: England and Wales
Judgment Date: 18 October 2006
Procedural Posture: Civil Appeal / Appeal From Bow County Court on Costs Order
Outcome: Appeal allowed
Legal Topics: Costs Orders, Judicial Discretion, Case Management, Bankruptcy and Locus Standi

Civil Procedure Costs Costs Orders Judicial Discretion Case Management Bankruptcy and Locus Standi

Case Brief

Summary, issues, holding and outcome

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Parties

Allen

Claimant/appellant

Matthews

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From Bow County Court on Costs Order

Legal Issues

1 Whether the trial judge erred in awarding all costs of the first action to the defendant without reserving costs pending the outcome of a second action
2 Whether the judge should have deferred the costs decision until the second action was determined

Ratio Decidendi

Court Disposition

Appeal allowed

Orders

Costs of the first action (except those thrown away on the locus standi point) to be determined after the second action is finally determined, preferably by HHJ Collins or the judge hearing any retrial.
Costs thrown away by the locus standi point to be borne by the appellant.