Franklin v Maddison & Anor

Franklin v Maddison & Anor

The judge was entitled to award indemnity costs as the claim against Mr Hunt was wholly without merit and the exercise of discretion was proper.

Parties
Appellant: Franklin; Respondent: Maddison; Second Respondent: Hunt
Jurisdiction
England and Wales
Judgment Date
15 April 2014
Procedural Posture
Civil Appeal / Appeal Judgment
Outcome
appeal dismissed
Legal Topics
Costs, Indemnity Costs, Exercise of Discretion
Civil Procedure Costs Indemnity Costs Exercise of Discretion

Case Brief

Summary, issues, holding and outcome

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Parties

Franklin

Appellant

Maddison

Respondent

Hunt

Second Respondent

Procedural Posture

Civil Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the trial judge was justified in awarding indemnity costs against the appellant
  2. 2 Whether the claim against the second defendant was wholly without merit

Ratio Decidendi

The judge was entitled to award indemnity costs as the claim against Mr Hunt was wholly without merit and the exercise of discretion was proper.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed
  • Indemnity costs order in favour of second defendant upheld