Chitolie v Customs & Excise [2002] EWCA Civ 1580 (23 October 2002)

Chitolie v Customs & Excise [2002] EWCA Civ 1580 (23 October 2002)

The judge was entitled to exercise discretion and refuse costs to the appellant; there is no prospect of disturbing that decision as the appellant was heard and no procedural unfairness occurred.

Citation
[2002] EWCA Civ 1580
Parties
Appellant/applicant: Dick Lucien Chitolie; Respondents/respondents: The Commissioners of Customs and Excise
Jurisdiction
England and Wales
Judgment Date
23 October 2002
Procedural Posture
Application for Permission to Appeal / Court of Appeal, Civil Division, Post High Court Judgment
Outcome
application dismissed
Legal Topics
Costs, Appeal, Dismissal List, Judicial Discretion
Civil Procedure Costs Appeal Dismissal List Judicial Discretion

Case Brief

Summary, issues, holding and outcome

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Parties

Dick Lucien Chitolie

Appellant/applicant

The Commissioners of Customs and Excise

Respondents/respondents

Procedural Posture

Application for Permission to Appeal / Court of Appeal, Civil Division, Post High Court Judgment

Legal Issues

  1. 1 Whether the appellant is entitled to costs of the day
  2. 2 Whether the judge erred in refusing costs to the appellant
  3. 3 Whether Article 6 (fair trial) and Article 3 rights were breached

Ratio Decidendi

The judge was entitled to exercise discretion and refuse costs to the appellant; there is no prospect of disturbing that decision as the appellant was heard and no procedural unfairness occurred.

Court Disposition

application dismissed

Orders

  • application for permission to appeal refused