Clutterbuck & Anor v Cleghorn [2017] EWCA Civ 234 (06 April 2017)

Clutterbuck & Anor v Cleghorn [2017] EWCA Civ 234 (06 April 2017)

Where both parties have achieved partial success on appeal and at first instance, each should have their costs of the parts on which they prevailed, with costs to be assessed and set off. Struck out claims justify costs orders against the claimants for those claims. Amendments to statements of case are required to reflect the outcome, with costs of amendments to be borne by the claimants.

Citation
[2017] EWCA Civ 234
Parties
Claimant/appellant: Amanda Stephanie Clutterbuck; Claimant/appellant: Ian Scranton Paton; Defendant/respondent: William Cleghorn (as judicial factor to the estate of Elliot Nichol (deceased))
Jurisdiction
England and Wales
Judgment Date
06 April 2017
Procedural Posture
Civil Appeal / Judgment on Form of Order Following Appeal
Outcome
Appeal allowed in part and dismissed in part; orders varied accordingly.
Legal Topics
Strike Out Applications, Costs Orders, Case Management, Abuse of Process
Civil Procedure Trusts and Estates Strike Out Applications Costs Orders Case Management Abuse of Process

Case Brief

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Parties

Amanda Stephanie Clutterbuck

Claimant/appellant

Ian Scranton Paton

Claimant/appellant

William Cleghorn (as judicial factor to the estate of Elliot Nichol (deceased))

Defendant/respondent

Procedural Posture

Civil Appeal / Judgment on Form of Order Following Appeal

Legal Issues

  1. 1 Appropriate form of order following mixed success on appeal
  2. 2 Allocation of costs between parties with partial success
  3. 3 Directions for further conduct of action after partial strike out

Ratio Decidendi

Where both parties have achieved partial success on appeal and at first instance, each should have their costs of the parts on which they prevailed, with costs to be assessed and set off. Struck out claims justify costs orders against the claimants for those claims. Amendments to statements of case are required to reflect the outcome, with costs of amendments to be borne by the claimants.

Court Disposition

Appeal allowed in part and dismissed in part; orders varied accordingly.

Orders

  • Claim form and statements of case relating to Pont Street and Oriel Claims struck out.
  • Further evidence application refused.