Budgen v Andrew Gardner Partnership (A Firm) [2001] EWCA Civ 1922 (7 December, 2001)

Budgen v Andrew Gardner Partnership (A Firm) [2001] EWCA Civ 1922 (7 December, 2001)

It is arguable that the judge exercised his discretion on an incorrect basis by focusing on misbehaviour rather than whether the HIS issue should have been pursued at all, and whether the loss on that issue should be distinctly reflected in costs. Recent authorities suggest a broader approach to issue-based costs orders may be appropriate.

Citation
[2001] EWCA Civ 1922
Parties
Claimant/respondent: Peter Budgen; Defendant/applicant: Andrew Gardner Partnership (A Firm)
Jurisdiction
England and Wales
Procedural Posture
Civil Appeal (costs Order) / Application for Permission to Appeal From High Court Costs Order
Outcome
Permission to appeal granted
Legal Topics
Issue Based Costs Orders, Judicial Discretion in Costs, Civil Procedure Rules
Civil Procedure Costs Issue Based Costs Orders Judicial Discretion in Costs Civil Procedure Rules

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 2 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Peter Budgen

Claimant/respondent

Andrew Gardner Partnership (A Firm)

Defendant/applicant

Procedural Posture

Civil Appeal (costs Order) / Application for Permission to Appeal From High Court Costs Order

Legal Issues

  1. 1 Whether the trial judge erred in refusing a special costs order against the claimant in respect of the failed HIS issue
  2. 2 Whether the judge misunderstood or misapplied the principles for issue-based costs orders

Ratio Decidendi

It is arguable that the judge exercised his discretion on an incorrect basis by focusing on misbehaviour rather than whether the HIS issue should have been pursued at all, and whether the loss on that issue should be distinctly reflected in costs. Recent authorities suggest a broader approach to issue-based costs orders may be appropriate.

Court Disposition

Permission to appeal granted

Orders

  • Appeal to be listed before a three-judge court, one of whom may be a judge of the High Court