AXA Sunlife Services Plc v Campbell Martin Ltd & Ors

AXA Sunlife Services Plc v Campbell Martin Ltd & Ors

Where both parties succeed on some issues in a commercial dispute, and the context is not public law, costs should be apportioned to reflect the degree of success. The Appellant is to pay 35% of the Respondents’ costs below.

Parties
Appellant: AXA Sunlife Services PLC; Respondent: Campbell Martin Ltd; Respondent: Brendon Partington; Respondent: Gary Tibor Hosznyak; Respondent: Harry Bennett & Associates Ltd; Respondent: Harry Edward John Bennett; Respondent: Ideal Financial Planning Ltd; Respondent: Kymin Mortgage Services Ltd; Respondent: Richard John Hill; Respondent: Simon John Aston
Jurisdiction
England and Wales
Judgment Date
12 May 2011
Procedural Posture
Civil Appeal / Costs Determination After Appeal Judgment
Outcome
Costs orders below set aside; Appellant to pay 35% of Respondents’ costs below; no order for costs on appeal.
Legal Topics
Costs, Appeal, Commercial Contracts
Civil Procedure Costs Appeal Commercial Contracts

Case Brief

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Parties

AXA Sunlife Services PLC

Appellant

Campbell Martin Ltd

Respondent

Brendon Partington

Respondent

Gary Tibor Hosznyak

Respondent

Harry Bennett & Associates Ltd

Respondent

Harry Edward John Bennett

Respondent

Ideal Financial Planning Ltd

Respondent

Kymin Mortgage Services Ltd

Respondent

Richard John Hill

Respondent

Simon John Aston

Respondent

Procedural Posture

Civil Appeal / Costs Determination After Appeal Judgment

Legal Issues

  1. 1 Appropriate costs order following mixed success on appeal
  2. 2 Effect of commercial context on costs allocation

Ratio Decidendi

Where both parties succeed on some issues in a commercial dispute, and the context is not public law, costs should be apportioned to reflect the degree of success. The Appellant is to pay 35% of the Respondents’ costs below.

Court Disposition

Costs orders below set aside; Appellant to pay 35% of Respondents’ costs below; no order for costs on appeal.

Orders

  • No order for costs on the appeal.
  • Costs orders made by HH Judge Graham Jones set aside.