Persson v Ashford (t/a Ashfords Independent Professional Conveyancers) [2001] EWCA Civ 1800 (20 November 2001)

Persson v Ashford (t/a Ashfords Independent Professional Conveyancers) [2001] EWCA Civ 1800 (20 November 2001)

The judge's decision to award indemnity costs was justified due to the applicant's unsubstantiated allegations of dishonesty and unreasonable conduct. The application to appeal was wholly misconceived and did not demonstrate any error in principle or lack of clarity in the judge's reasoning.

Citation
[2001] EWCA Civ 1800
Parties
Claimant/applicant: David Robert Persson; Defendant/respondent: David Ashford (T/A Ashfords Independent Professional Conveyancers)
Jurisdiction
England and Wales
Judgment Date
20 November 2001
Procedural Posture
Civil Appeal / Application for Permission to Appeal Costs Order
Outcome
Permission to appeal refused
Legal Topics
Indemnity Costs, Appeal Procedure, Misconduct Allegations
Civil Procedure Costs Indemnity Costs Appeal Procedure Misconduct Allegations

Case Brief

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Parties

David Robert Persson

Claimant/applicant

David Ashford (T/A Ashfords Independent Professional Conveyancers)

Defendant/respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal Costs Order

Legal Issues

  1. 1 Whether the judge erred in awarding indemnity costs against the applicant
  2. 2 Whether fresh evidence justified reconsideration of the costs order
  3. 3 Whether the quantum of costs was excessive

Ratio Decidendi

The judge's decision to award indemnity costs was justified due to the applicant's unsubstantiated allegations of dishonesty and unreasonable conduct. The application to appeal was wholly misconceived and did not demonstrate any error in principle or lack of clarity in the judge's reasoning.

Court Disposition

Permission to appeal refused

Orders

  • Permission to appeal against costs order refused