Parkes v Martin

The trial judge was entitled to exercise his discretion to award Mr Parkes only 35% of his costs of the liability issue, reflecting the apportionment of liability and the existence of a cross-claim by Mr Martin, which was resolved by the same determination. The judge had sufficient regard to the relevant circumstances, and the order was not outside the proper ambit of his discretion.

Parties: Appellant: Christopher Malcolm Parkes; Respondent: Laurence Martin
Jurisdiction: England and Wales
Judgment Date: 09 July 2009
Procedural Posture: Civil Appeal / Appeal From Costs Order After Trial on Liability
Outcome: appeal dismissed
Legal Topics: Costs, Contributory Negligence, Apportionment of Costs, Discretion of Trial Judge

Civil Procedure Costs Contributory Negligence Apportionment of Costs Discretion of Trial Judge

Case Brief

Summary, issues, holding and outcome

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Parties

Christopher Malcolm Parkes

Appellant

Laurence Martin

Respondent

Procedural Posture

Civil Appeal / Appeal From Costs Order After Trial on Liability

Legal Issues

1 Whether the trial judge erred in awarding the claimant only 35% of his costs of the liability issue, proportionate to the finding of contributory negligence, rather than awarding full costs as the successful party.

Ratio Decidendi

Court Disposition

appeal dismissed

Orders

Mr Parkes awarded 35% of his costs of the liability issue; no order for costs in favour of Mr Martin.