Wiltshire v Powell & Ors

Wiltshire v Powell & Ors

The appellant's failure to join all relevant parties in the original action led to the necessity of the second action, and there is no justification to depart from the usual order for costs in favour of the successful respondents.

Parties
Appellant/claimant: Timothy Wiltshire; Respondent/defendant: Michael Powell; Respondent/defendant: Paul Etherington; Respondent/defendant: Derek Heapy; Respondent/defendant: Peter Storey
Jurisdiction
England and Wales
Judgment Date
07 May 2004
Procedural Posture
Civil Appeal / Costs Judgment After Appeal
Outcome
application for costs by respondents granted; application for leave to appeal refused
Legal Topics
Costs, Joinder of Parties, Appeals
Civil Procedure Costs Joinder of Parties Appeals

Case Brief

Summary, issues, holding and outcome

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Parties

Timothy Wiltshire

Appellant/claimant

Michael Powell

Respondent/defendant

Paul Etherington

Respondent/defendant

Derek Heapy

Respondent/defendant

Peter Storey

Respondent/defendant

Procedural Posture

Civil Appeal / Costs Judgment After Appeal

Legal Issues

  1. 1 Whether the second, third and fourth respondents are entitled to costs against the appellant
  2. 2 Whether the conduct of the respondents justified a departure from the usual order for costs

Ratio Decidendi

The appellant's failure to join all relevant parties in the original action led to the necessity of the second action, and there is no justification to depart from the usual order for costs in favour of the successful respondents.

Court Disposition

application for costs by respondents granted; application for leave to appeal refused

Orders

  • Appellant to pay the costs of the second, third and fourth respondents
  • Application for leave to appeal to the House of Lords refused