London Borough of Hounslow v Devere & Ors (Costs) [2018] EWHC 2613 (Ch) (08 October 2018)

London Borough of Hounslow v Devere & Ors (Costs) [2018] EWHC 2613 (Ch) (08 October 2018)

The Claimant was substantially successful in the county court, but the Defendants achieved partial success on appeal resulting in more limited injunctions and the possibility of reduced damages. Therefore, Defendants are to pay 80% of the Claimant's costs in the county court, and the Claimant is to pay 20% of the Defendants' costs of the appeal. A payment on account of £110,000 is ordered to reflect these proportions.

Citation
[2018] EWHC 2613 (Ch)
Parties
Claimant/respondent: The Mayor and Burgesses of the London Borough of Hounslow; Defendant/appellant: David Frank DeVere; Defendant/appellant: Vernon Carroll Roberts; Defendant/appellant: Roger McGonagle; Defendant/appellant: Paul Mendoza; Defendant/appellant: Stephen Alexander Javor; Defendant/appellant: Peter McCrudden
Jurisdiction
England and Wales
Judgment Date
08 October 2018
Procedural Posture
Appeal / Post Judgment Costs Determination
Outcome
Costs order varied; Defendants to pay 80% of Claimant's county court costs, Claimant to pay 20% of Defendants' appeal costs, payment on account set at £110,000.
Legal Topics
Trespass, Injunctions, Costs, Damages, Appeal Procedure
Property Law Civil Procedure Trespass Injunctions Costs Damages Appeal Procedure

Case Brief

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Parties

The Mayor and Burgesses of the London Borough of Hounslow

Claimant/respondent

David Frank DeVere

Defendant/appellant

Vernon Carroll Roberts

Defendant/appellant

Roger McGonagle

Defendant/appellant

Paul Mendoza

Defendant/appellant

Stephen Alexander Javor

Defendant/appellant

Peter McCrudden

Defendant/appellant

Procedural Posture

Appeal / Post Judgment Costs Determination

Legal Issues

  1. 1 Whether the Defendants trespassed on the Claimant's land and interfered with rights in relation to the River Works
  2. 2 Whether the Claimant is entitled to injunctive relief and damages
  3. 3 How costs should be allocated following partial success on appeal

Ratio Decidendi

The Claimant was substantially successful in the county court, but the Defendants achieved partial success on appeal resulting in more limited injunctions and the possibility of reduced damages. Therefore, Defendants are to pay 80% of the Claimant's costs in the county court, and the Claimant is to pay 20% of the Defendants' costs of the appeal. A payment on account of £110,000 is ordered to reflect these proportions.

Court Disposition

Costs order varied; Defendants to pay 80% of Claimant's county court costs, Claimant to pay 20% of Defendants' appeal costs, payment on account set at £110,000.

Orders

  • Defendants to pay 80% of Claimant's costs of the county court proceedings.
  • Claimant to pay 20% of Defendants' costs of the appeal.