Radu v Houston & Anor

Radu v Houston & Anor

The appeal is allowed. Costs are apportioned based on the parties' conduct and the outcome at each stage: appellants to pay costs before Master Turner, respondents to pay costs of the appeal, and appellants to have half their costs before Eady J. Interim payments are to be paid into court pending assessment.

Parties
Claimant/applicant: Radu; Defendant/respondent: Houston & Anr
Jurisdiction
England and Wales
Judgment Date
30 October 2006
Procedural Posture
Civil Appeal / Ruling on Appeal and Costs
Outcome
appeal allowed; costs apportioned as per ruling
Legal Topics
Costs, Security for Costs, Appeal Procedure, Default Judgment
Civil Procedure Costs Security for Costs Appeal Procedure Default Judgment

Case Brief

Summary, issues, holding and outcome

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Parties

Radu

Claimant/applicant

Houston & Anr

Defendant/respondent

Procedural Posture

Civil Appeal / Ruling on Appeal and Costs

Legal Issues

  1. 1 Who should bear the costs at various stages of the proceedings?
  2. 2 Was the appeal to the Court of Appeal justified?
  3. 3 Should the offer of 12 January 2006 have been accepted and what are its cost implications?

Ratio Decidendi

The appeal is allowed. Costs are apportioned based on the parties' conduct and the outcome at each stage: appellants to pay costs before Master Turner, respondents to pay costs of the appeal, and appellants to have half their costs before Eady J. Interim payments are to be paid into court pending assessment.

Court Disposition

appeal allowed; costs apportioned as per ruling

Orders

  • Appellants to pay costs of hearing before Master Turner.
  • Respondents to pay costs of the appeal.