Daniel McAteer v Hat & Mitre (in liquidation) & Ors

Daniel McAteer v Hat & Mitre (in liquidation) & Ors

No deduction from the normal rule as to costs is justified as the appellant's partial success and alleged conduct do not warrant a reduction; respondents are entitled to the whole of their costs, subject to assessment.

Parties
Appellant: Daniel McAteer; Respondent: Hat & Mitre (In Liquidation); Respondent: Richard Toone; Respondent: Jason Maloney
Jurisdiction
England and Wales
Judgment Date
07 May 2024
Procedural Posture
Appeal / Judgment on Consequential Matters After Appeal Decision
Outcome
Appeal dismissed; respondents awarded full costs subject to assessment; payment on account ordered.
Legal Topics
Costs, Appeal, Liquidation
Insolvency Civil Procedure Costs Appeal Liquidation

Case Brief

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Parties

Daniel McAteer

Appellant

Hat & Mitre (In Liquidation)

Respondent

Richard Toone

Respondent

Jason Maloney

Respondent

Procedural Posture

Appeal / Judgment on Consequential Matters After Appeal Decision

Legal Issues

  1. 1 Whether respondents are entitled to full costs or a reduced percentage due to appellant's partial success and alleged conduct issues
  2. 2 Whether a payment on account of costs should be ordered and in what amount

Ratio Decidendi

No deduction from the normal rule as to costs is justified as the appellant's partial success and alleged conduct do not warrant a reduction; respondents are entitled to the whole of their costs, subject to assessment.

Court Disposition

Appeal dismissed; respondents awarded full costs subject to assessment; payment on account ordered.

Orders

  • Respondents awarded costs of the appeal, to be assessed by a costs judge.
  • Appellant to pay £20,000 on account of costs within 14 days of sealing the order.