The Co-Operative Bank Plc v Phillips

The Co-Operative Bank Plc v Phillips

The Bank succeeded on the main issue, justifying an order that Mr Phillips pay 20% of the Bank's costs from discontinuance to judgment, with all costs on the standard basis. Permission to appeal was refused for both parties as their grounds lacked real prospects of success.

Parties
Claimant: THE CO-OPERATIVE BANK PLC; Defendant: DESMOND VICTOR JOHN PHILLIPS
Jurisdiction
England and Wales
Judgment Date
28 October 2014
Procedural Posture
Civil / Post Judgment Consequential Matters
Outcome
Costs orders made; permission to appeal refused for both parties.
Legal Topics
Costs, Discontinuance, Permission to Appeal, Set Off
Civil Procedure Costs Discontinuance Permission to Appeal Set Off

Case Brief

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Parties

THE CO-OPERATIVE BANK PLC

Claimant

DESMOND VICTOR JOHN PHILLIPS

Defendant

Procedural Posture

Civil / Post Judgment Consequential Matters

Legal Issues

  1. 1 Entitlement to costs following discontinuance and prior to judgment
  2. 2 Payment on account of costs
  3. 3 Permission to appeal on costs orders

Ratio Decidendi

The Bank succeeded on the main issue, justifying an order that Mr Phillips pay 20% of the Bank's costs from discontinuance to judgment, with all costs on the standard basis. Permission to appeal was refused for both parties as their grounds lacked real prospects of success.

Court Disposition

Costs orders made; permission to appeal refused for both parties.

Orders

  • Mr Phillips to pay 20% of the Bank’s costs from discontinuance up to judgment, assessed on the standard basis if not agreed.
  • The Bank to pay Mr Phillips’ costs of the claim up to discontinuance, on the standard basis.