Keaney & Ors v Lambrianou [2001] EWCA Civ 1585 (9 October 2001)

Keaney & Ors v Lambrianou [2001] EWCA Civ 1585 (9 October 2001)

The judge's exercise of discretion in making a 50:50 costs order prior to 15 March 2001, treating the pro bono-represented defendant as a litigant in person, was within the scope of the court's powers and not contrary to the overriding objective; no error in principle was found.

Citation
[2001] EWCA Civ 1585
Parties
Claimant: Thomas Keaney; Claimant: Christopher Keaney; Claimant: Ignatius Keaney; Defendant/applicant: Lambrakis Lambrianou
Jurisdiction
England and Wales
Judgment Date
09 October 2001
Procedural Posture
Civil Appeal / Application for Permission to Appeal (costs Order)
Outcome
application for permission to appeal refused
Legal Topics
Costs, Pro Bono Representation, Part 36 Offers, Litigant in Person, Overriding Objective
Civil Procedure Costs Pro Bono Representation Part 36 Offers Litigant in Person Overriding Objective

Case Brief

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Parties

Thomas Keaney

Claimant

Christopher Keaney

Claimant

Ignatius Keaney

Claimant

Lambrakis Lambrianou

Defendant/applicant

Procedural Posture

Civil Appeal / Application for Permission to Appeal (costs Order)

Legal Issues

  1. 1 Whether the judge erred in principle in making a 50:50 costs order prior to 15 March 2001 where the defendant was represented pro bono
  2. 2 Whether the costs order was contrary to the overriding objective of the Civil Procedure Rules

Ratio Decidendi

The judge's exercise of discretion in making a 50:50 costs order prior to 15 March 2001, treating the pro bono-represented defendant as a litigant in person, was within the scope of the court's powers and not contrary to the overriding objective; no error in principle was found.

Court Disposition

application for permission to appeal refused

Orders

  • application for permission to appeal dismissed
  • no order as to costs of the application