Russell & Anor v Sheen [2002] EWCA Civ 818 (17 May 2002)

Russell & Anor v Sheen [2002] EWCA Civ 818 (17 May 2002)

No important point of principle or practice is raised; the costs orders were justified due to applicant's conduct; the division of equity and rent was based on unchallenged evidence and not perverse; no double counting occurred.

Citation
[2002] EWCA Civ 818
Parties
Appellant/claimant: Alan Charles Russell; Appellant/claimant: Pamela Jane Russell; Respondent/defendant: Wyndham Richard Michael Sheen
Jurisdiction
England and Wales
Judgment Date
17 May 2002
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal (second Appeal)
Outcome
application refused
Legal Topics
Division of Proceeds of Sale, Trusts of Land, Costs Orders, Proportionality of Costs
Property Law Civil Procedure Division of Proceeds of Sale Trusts of Land Costs Orders Proportionality of Costs

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Parties

Alan Charles Russell

Appellant/claimant

Pamela Jane Russell

Appellant/claimant

Wyndham Richard Michael Sheen

Respondent/defendant

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal (second Appeal)

Legal Issues

  1. 1 Whether permission for a second appeal should be granted under section 55(1) Access to Justice Act 1999
  2. 2 Whether costs orders made in interlocutory proceedings were disproportionate
  3. 3 Whether the division of equity and rent was correct based on evidence

Ratio Decidendi

No important point of principle or practice is raised; the costs orders were justified due to applicant's conduct; the division of equity and rent was based on unchallenged evidence and not perverse; no double counting occurred.

Court Disposition

application refused

Orders

  • Application for permission to appeal refused with costs.
  • Sum of £7,500 to be paid on account within 28 days.