Murphy v Countryside In Partnership Plc [2006] EWCA Civ 1151 (19 July 2006)

Murphy v Countryside In Partnership Plc [2006] EWCA Civ 1151 (19 July 2006)

The defendant has an arguable case that the judge's decision to deprive it of all its costs may have been an improper exercise of discretion, warranting permission to appeal.

Citation
[2006] EWCA Civ 1151
Parties
Claimant/respondent: Murphy (originally Barbara Murphy, substituted by Colin Murphy); Defendant/appellant: Countryside in Partnership Plc
Jurisdiction
England and Wales
Judgment Date
19 July 2006
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal (costs Order)
Outcome
permission to appeal granted
Legal Topics
Costs, Judicial Discretion, Appeals
Civil Procedure Costs Judicial Discretion Appeals

Case Brief

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Parties

Murphy (originally Barbara Murphy, substituted by Colin Murphy)

Claimant/respondent

Countryside in Partnership Plc

Defendant/appellant

Procedural Posture

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

Legal Issues

  1. 1 Whether the trial judge erred in depriving a successful defendant of all its costs based on conduct criticisms.

Ratio Decidendi

The defendant has an arguable case that the judge's decision to deprive it of all its costs may have been an improper exercise of discretion, warranting permission to appeal.

Court Disposition

permission to appeal granted

Orders

  • Permission to appeal granted to the defendant on the costs order.