London Borough of Hackney v Campbell & Anor [2005] EWCA Civ 613 (28 April 2005)

London Borough of Hackney v Campbell & Anor [2005] EWCA Civ 613 (28 April 2005)

The judge erred in treating Mr Lawrence Campbell as equally successful as Mrs Campbell and awarding him costs, despite his counterclaim failing except for the right to buy. As it was not possible to apportion costs to the unsuccessful counterclaim issues, the appropriate order is no costs between Hackney and Mr Campbell.

Citation
[2005] EWCA Civ 613
Parties
Claimant/appellant: The Mayor and Burgesses of the London Borough of Hackney; Defendant/respondent: Burley Campbell; Defendant/respondent: Lawrence Campbell
Jurisdiction
England and Wales
Judgment Date
28 April 2005
Procedural Posture
Civil Appeal / Appeal From County Court Judgment
Outcome
appeal allowed
Legal Topics
Costs, Right to Buy, Counterclaim, Possession Proceedings
Civil Procedure Property Law Costs Right to Buy Counterclaim Possession Proceedings

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

The Mayor and Burgesses of the London Borough of Hackney

Claimant/appellant

Burley Campbell

Defendant/respondent

Lawrence Campbell

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether the judge erred in awarding costs to Mr Lawrence Campbell despite his counterclaim failing except for the right to buy
  2. 2 Whether costs should reflect success or failure on individual issues
  3. 3 Whether the Civil Procedure Rules require costs orders to be apportioned by issues

Ratio Decidendi

The judge erred in treating Mr Lawrence Campbell as equally successful as Mrs Campbell and awarding him costs, despite his counterclaim failing except for the right to buy. As it was not possible to apportion costs to the unsuccessful counterclaim issues, the appropriate order is no costs between Hackney and Mr Campbell.

Court Disposition

appeal allowed

Orders

  • Order for costs in favour of Mr Lawrence Campbell set aside
  • No order as to costs between Hackney and Mr Campbell on defence or counterclaim