Peakman v Linbrooke Services Ltd

Peakman v Linbrooke Services Ltd

The judge was plainly wrong in not taking into account the respondent's pursuit of a baseless counterclaim which forced the case into the multi track and caused disproportionate costs. The order for no costs failed to recognise the injustice to Mr Peakman, and should be set aside. Linbrooke should pay 50% of Mr Peakman's costs from the date of allocation, reflecting its partial success on the basic counterclaim.

Parties
Appellant: David Peakman; Respondent: Linbrooke Services Limited
Jurisdiction
England and Wales
Judgment Date
13 November 2008
Procedural Posture
Civil Appeal / Appeal From Trial Court Judgment on Costs
Outcome
Appeal allowed
Legal Topics
Costs, Track Allocation, Abuse of Process, Judicial Discretion
Civil Procedure Costs Track Allocation Abuse of Process Judicial Discretion

Case Brief

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Parties

David Peakman

Appellant

Linbrooke Services Limited

Respondent

Procedural Posture

Civil Appeal / Appeal From Trial Court Judgment on Costs

Legal Issues

  1. 1 Whether the trial judge erred in making no order as to costs given the conduct of the parties, particularly the respondent's pursuit of a baseless counterclaim
  2. 2 Whether the case would have been allocated to the multi track absent the Thales counterclaim
  3. 3 Whether the judge failed to consider relevant factors in exercising his discretion on costs

Ratio Decidendi

The judge was plainly wrong in not taking into account the respondent's pursuit of a baseless counterclaim which forced the case into the multi track and caused disproportionate costs. The order for no costs failed to recognise the injustice to Mr Peakman, and should be set aside. Linbrooke should pay 50% of Mr Peakman's costs from the date of allocation, reflecting its partial success on the basic counterclaim.

Court Disposition

Appeal allowed

Orders

  • Order for no costs set aside
  • Linbrooke Services Limited to pay 50% of Mr Peakman's costs from the date of allocation