Hannan & Anor v Maxton

Hannan & Anor v Maxton

The judge erred in not awarding the appellant her costs after she succeeded on her counterclaim and exceeded her Part 36 offer. The reasons given for departing from the general rule on costs were insufficient. Both parties bore some responsibility for the conduct of the litigation, but the appellant was entitled to her costs on a standard basis. Indemnity costs were not justified.

Parties
Claimant/respondent: Hannan; Defendant/appellant: Maxton; Claimant: Second Claimant (company owned by Hannan)
Jurisdiction
England and Wales
Judgment Date
08 June 2009
Procedural Posture
Civil Appeal / Appeal From County Court Decision on Costs
Outcome
appeal allowed
Legal Topics
Costs, Implied Trusts, Alternative Dispute Resolution, Part 36 Offers
Civil Procedure Property Law Costs Implied Trusts Alternative Dispute Resolution Part 36 Offers

Case Brief

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Parties

Hannan

Claimant/respondent

Maxton

Defendant/appellant

Second Claimant (company owned by Hannan)

Claimant

Procedural Posture

Civil Appeal / Appeal From County Court Decision on Costs

Legal Issues

  1. 1 Whether the trial judge erred in making no order as to costs after the appellant succeeded on her counterclaim and exceeded her Part 36 offer
  2. 2 Whether the conduct of the parties regarding settlement and ADR justified a departure from the general rule on costs

Ratio Decidendi

The judge erred in not awarding the appellant her costs after she succeeded on her counterclaim and exceeded her Part 36 offer. The reasons given for departing from the general rule on costs were insufficient. Both parties bore some responsibility for the conduct of the litigation, but the appellant was entitled to her costs on a standard basis. Indemnity costs were not justified.

Court Disposition

appeal allowed

Orders

  • Respondent to pay appellant's costs on a standard basis.