London Borough of Hounslow v Devere & Ors (Costs)

London Borough of Hounslow v Devere & Ors (Costs)

Given Hounslow's substantial but not complete success, Defendants are to pay 80% of Hounslow's county court costs. On appeal, Hounslow to pay Defendants 20% of their appeal costs. Payment on account of costs set at £110,000 to Hounslow, reflecting these proportions.

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
Civil Appeal / Post Judgment Costs Determination
Outcome
Costs apportioned; payment on account ordered
Legal Topics
Trespass, Injunctions, Costs, Appeal, Damages
Property Law Civil Procedure Trespass Injunctions Costs Appeal Damages

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

Civil Appeal / Post Judgment Costs Determination

Legal Issues

  1. 1 Appropriate order for costs following partial success on appeal
  2. 2 Allocation of costs between county court and appeal
  3. 3 Entitlement to payment on account of costs

Ratio Decidendi

Given Hounslow's substantial but not complete success, Defendants are to pay 80% of Hounslow's county court costs. On appeal, Hounslow to pay Defendants 20% of their appeal costs. Payment on account of costs set at £110,000 to Hounslow, reflecting these proportions.

Court Disposition

Costs apportioned; payment on account ordered

Orders

  • Defendants to pay 80% of Hounslow's county court costs.
  • Hounslow to pay 20% of Defendants' appeal costs.