Clutterbuck & Anor v Cleghorn

Clutterbuck & Anor v Cleghorn

Neither party was the overall winner; each party is awarded costs of the parts of the appeal and application on which they prevailed. The Cliveden Claim is restored, Pont Street and Oriel Claims are struck out, and costs are to be assessed and set off. Amendments to statements of case are ordered to reflect the outcome, with costs of amendments to be borne by the claimants.

Parties
Claimant/appellant: Amanda Stephanie Clutterbuck; Claimant/appellant: Ian Scranton Paton; Defendant/respondent: William Cleghorn (as judicial factor to the estate of Elliot Nichol (deceased))
Jurisdiction
England and Wales
Judgment Date
06 April 2017
Procedural Posture
Civil Appeal / Judgment on Form of Order After Appeal
Outcome
Appeal allowed in part; Cliveden Claim restored; Pont Street and Oriel Claims struck out; further evidence application refused; costs apportioned as per success on each issue; directions for further conduct and amendment of pleadings given.
Legal Topics
Costs, Case Management, Abuse of Process, Striking Out Claims
Civil Procedure Estate Administration Costs Case Management Abuse of Process Striking Out Claims

Case Brief

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Parties

Amanda Stephanie Clutterbuck

Claimant/appellant

Ian Scranton Paton

Claimant/appellant

William Cleghorn (as judicial factor to the estate of Elliot Nichol (deceased))

Defendant/respondent

Procedural Posture

Civil Appeal / Judgment on Form of Order After Appeal

Legal Issues

  1. 1 Appropriate form of order following mixed success on appeal
  2. 2 Allocation of costs between parties after partial success
  3. 3 Directions for further conduct of surviving claim

Ratio Decidendi

Neither party was the overall winner; each party is awarded costs of the parts of the appeal and application on which they prevailed. The Cliveden Claim is restored, Pont Street and Oriel Claims are struck out, and costs are to be assessed and set off. Amendments to statements of case are ordered to reflect the outcome, with costs of amendments to be borne by the claimants.

Court Disposition

Appeal allowed in part; Cliveden Claim restored; Pont Street and Oriel Claims struck out; further evidence application refused; costs apportioned as per success on each issue; directions for further conduct and amendment of pleadings given.

Orders

  • Claimants to have costs of appeal and application relating to Cliveden Claim; defendant to have costs relating to Pont Street and Oriel Claims and further evidence application.
  • Claimants to amend particulars of claim to remove struck out claims; defendant and claimants to amend defence and reply accordingly; claimants to pay costs of amendments.