Liverpool City Council v Rosemary Chavasse Ltd & Anor [1999] EWHC 842 (Ch) (18 August 1999)

Council was overall winner but procedural misconduct and partial success by Walton justified awarding council only half its costs, with further reduction for excessive bundle preparation.

Citation: [1999] EWHC 842 (Ch)
Parties: Claimant: Liverpool City Council; First Defendant: RCL; Second Defendant: Walton
Jurisdiction: England and Wales
Judgment Date: 18 August 1999
Procedural Posture: Civil / Post Trial Costs Determination
Outcome: Walton to pay half of council's costs, with council's costs for bundle preparation limited to 5/8ths.
Legal Topics: Costs, Rectification, Estoppel, Authority of Solicitor, Pre Action Protocol

Civil Procedure Contract Law Costs Rectification Estoppel Authority of Solicitor Pre Action Protocol

Case Brief

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Parties

Liverpool City Council

Claimant

RCL

First Defendant

Walton

Second Defendant

Procedural Posture

Civil / Post Trial Costs Determination

Legal Issues

1 Entitlement to extend time for exercise of RCL option under Walton agreement
2 Rectification of Walton agreement
3 Estoppel by convention against Walton

Ratio Decidendi

Council was overall winner but procedural misconduct and partial success by Walton justified awarding council only half its costs, with further reduction for excessive bundle preparation.

Court Disposition

Walton to pay half of council's costs, with council's costs for bundle preparation limited to 5/8ths.

Orders

Walton to pay 50% of council's costs, except bundle preparation costs limited to 5/8ths.
No permission to appeal costs order granted to council; if granted, Walton would have permission to cross-appeal.