Gray v Going Places Leisure Travel Ltd [2005] EWCA Civ 189 (07 February 2005)

Gray v Going Places Leisure Travel Ltd [2005] EWCA Civ 189 (07 February 2005)

Only the trial judge who disposed of the proceedings (Judge Mayor) had jurisdiction to make a wasted costs order in this multitrack case; the district judge lacked jurisdiction. The appeal from the district judge's order lay to the circuit judge, not the Court of Appeal.

Citation
[2005] EWCA Civ 189
Parties
Claimant/respondent: Anita Linda Gray; Defendant/appellant: Going Places Leisure Travel Limited
Jurisdiction
England and Wales
Judgment Date
07 February 2005
Procedural Posture
Civil Appeal / Appeal From County Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Wasted Costs Orders, Jurisdiction, Appeals Process
Civil Procedure Wasted Costs Orders Jurisdiction Appeals Process

Case Brief

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Parties

Anita Linda Gray

Claimant/respondent

Going Places Leisure Travel Limited

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From County Court to Court of Appeal

Legal Issues

  1. 1 Which tribunal has jurisdiction to make a wasted costs order in multitrack proceedings?
  2. 2 What is the correct appellate route for a wasted costs order made by a district judge in such proceedings?

Ratio Decidendi

Only the trial judge who disposed of the proceedings (Judge Mayor) had jurisdiction to make a wasted costs order in this multitrack case; the district judge lacked jurisdiction. The appeal from the district judge's order lay to the circuit judge, not the Court of Appeal.

Court Disposition

Appeal dismissed

Orders

  • Appellant to pay Respondent's costs of the appeal summarily assessed in the sum of £4,790.82