Tamares (Vincent Square) Ltd v Fairpoint Properties (Vincent Square) Ltd

Tamares (Vincent Square) Ltd v Fairpoint Properties (Vincent Square) Ltd

The trial judge did not err in principle or misdirect himself in treating the dispute as commercial litigation and identifying the claimant as the successful party for costs purposes. The 25% discount on the claimant's costs up to 4 September 2006 was within the range of reasonable discretion, considering the offers made, the nature of the claims, and the conduct of the parties.

Parties
Respondent: Tamares (Vincent Square) Ltd; Appellant: Fairpoint Properties (Vincent Square) Ltd
Jurisdiction
England and Wales
Judgment Date
15 November 2007
Procedural Posture
Civil Appeal / Appeal From High Court Judgment on Costs
Outcome
Appeal dismissed
Legal Topics
Costs, Rights to Light, Injunctions, Damages
Civil Procedure Property Law Costs Rights to Light Injunctions Damages

Case Brief

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Parties

Tamares (Vincent Square) Ltd

Respondent

Fairpoint Properties (Vincent Square) Ltd

Appellant

Procedural Posture

Civil Appeal / Appeal From High Court Judgment on Costs

Legal Issues

  1. 1 Whether the trial judge erred in identifying the claimant as the 'winner' for the purposes of costs up to 4 September 2006
  2. 2 Whether the costs order (defendant to pay 75% of claimant's costs up to 4 September 2006) was a fair exercise of discretion

Ratio Decidendi

The trial judge did not err in principle or misdirect himself in treating the dispute as commercial litigation and identifying the claimant as the successful party for costs purposes. The 25% discount on the claimant's costs up to 4 September 2006 was within the range of reasonable discretion, considering the offers made, the nature of the claims, and the conduct of the parties.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed. The costs order of the High Court stands: defendant to pay 75% of claimant's costs up to 4 September 2006 and all costs thereafter.