Department of the Environment, Food & Rural Affairs v Feakins & Anor [2006] EWCA Civ 621 (06 April 2006)

Department of the Environment, Food & Rural Affairs v Feakins & Anor [2006] EWCA Civ 621 (06 April 2006)

DEFRA were substantially successful and entitled to 90% of their costs on the claim, with full costs on the counterclaim from 14 days after their Part 36 offer; no stay of costs was warranted as the litigation should be viewed separately from related proceedings.

Citation
[2006] EWCA Civ 621
Parties
Claimant/appellant: Department of the Environment, Food and Rural Affairs; Defendants/respondents: Feakins & Anr
Jurisdiction
England and Wales
Judgment Date
06 April 2006
Procedural Posture
Civil Appeal / Post Judgment Costs Determination
Outcome
Costs orders made as specified; no stay granted.
Legal Topics
Costs, Part 36 Offers, Stay of Costs Orders
Civil Procedure Costs Part 36 Offers Stay of Costs Orders

Case Brief

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Parties

Department of the Environment, Food and Rural Affairs

Claimant/appellant

Feakins & Anr

Defendants/respondents

Procedural Posture

Civil Appeal / Post Judgment Costs Determination

Legal Issues

  1. 1 Appropriate apportionment of costs following appeal
  2. 2 Effect of Part 36 offers on costs liability
  3. 3 Whether a stay of costs orders should be granted pending related proceedings

Ratio Decidendi

DEFRA were substantially successful and entitled to 90% of their costs on the claim, with full costs on the counterclaim from 14 days after their Part 36 offer; no stay of costs was warranted as the litigation should be viewed separately from related proceedings.

Court Disposition

Costs orders made as specified; no stay granted.

Orders

  • Defendants to pay 90% of DEFRA's costs on the claim.
  • Defendants to pay 100% of DEFRA's costs on the counterclaim from 14 days after 26 September 2005.