Department of the Environment, Food & Rural Affairs v Feakins & Anor

Department of the Environment, Food & Rural Affairs v Feakins & Anor

DEFRA were the overall winners and entitled to costs, with a 10% discount recognizing the defendants' partial success; Part 36 offers governed costs on the counterclaim, and no stay of costs was justified as the litigation should be viewed separately from other pending matters.

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 / Costs Determination After Judgment
Outcome
Costs orders made; no stay granted.
Legal Topics
Costs, Appeals, Part 36 Offers, Stay of Execution
Civil Procedure Costs Appeals Part 36 Offers Stay of Execution

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 / Costs Determination After Judgment

Legal Issues

  1. 1 Appropriate allocation of costs following appeal
  2. 2 Effect of Part 36 offers on costs
  3. 3 Whether a stay of costs orders should be granted

Ratio Decidendi

DEFRA were the overall winners and entitled to costs, with a 10% discount recognizing the defendants' partial success; Part 36 offers governed costs on the counterclaim, and no stay of costs was justified as the litigation should be viewed separately from other pending matters.

Court Disposition

Costs orders made; no stay granted.

Orders

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