Allen v Matthews [2006] EWCA Civ 1499 (18 October 2006)

Allen v Matthews [2006] EWCA Civ 1499 (18 October 2006)

The trial judge erred in principle by awarding all costs to the defendant without reserving costs pending the outcome of the reissued action, as preparatory work in the first action would save costs in the second. Costs, except those relating to the locus standi issue, should be reserved until the second action is finally determined.

Citation
[2006] EWCA Civ 1499
Parties
Claimant/appellant: Allen; Defendant/respondent: Matthews
Jurisdiction
England and Wales
Judgment Date
18 October 2006
Procedural Posture
Civil Appeal / Appeal From Order on Costs After Dismissal of Action
Outcome
appeal allowed
Legal Topics
Costs, Judicial Discretion, Bankruptcy, Locus Standi
Civil Procedure Costs Judicial Discretion Bankruptcy Locus Standi

Case Brief

Summary, issues, holding and outcome

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Parties

Allen

Claimant/appellant

Matthews

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From Order on Costs After Dismissal of Action

Legal Issues

  1. 1 Whether the trial judge erred in awarding all costs to the defendant after dismissing the action for lack of locus standi, without reserving costs pending the outcome of a reissued claim

Ratio Decidendi

The trial judge erred in principle by awarding all costs to the defendant without reserving costs pending the outcome of the reissued action, as preparatory work in the first action would save costs in the second. Costs, except those relating to the locus standi issue, should be reserved until the second action is finally determined.

Court Disposition

appeal allowed

Orders

  • Costs of the first action, except those relating to the locus standi issue, to be reserved until the second action is finally determined.
  • Costs relating to the locus standi issue to be borne by the appellant.