Hawkes v Cuddy & Ors

Hawkes v Cuddy & Ors

Costs on the cross-petition are to be set off against costs on the petition, with specific percentages allocated to reflect relative success and to avoid unnecessary assessment. Mr Hawkes is to pay 80% of the Cuddys' costs of the appeal, and an interim payment is ordered for appeal costs only.

Parties
Appellant: Frederick Geraint Hawkes; Respondent: Simone Francesca Cuddy; Respondent: Michael Cuddy; Respondent: Neath Rugby Limited; Respondent: Neath-Swansea Ospreys Limited
Jurisdiction
England and Wales
Judgment Date
24 April 2009
Procedural Posture
Civil Appeal / Costs Determination After Appeal
Outcome
costs apportioned and set off as specified; interim payment ordered for appeal costs only
Legal Topics
Costs, Counterclaims, Set Off, Appeals
Company Law Civil Procedure Costs Counterclaims Set Off Appeals

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Frederick Geraint Hawkes

Appellant

Simone Francesca Cuddy

Respondent

Michael Cuddy

Respondent

Neath Rugby Limited

Respondent

Neath-Swansea Ospreys Limited

Respondent

Procedural Posture

Civil Appeal / Costs Determination After Appeal

Legal Issues

  1. 1 How should costs be apportioned between the petition and cross-petition?
  2. 2 What is the appropriate set-off for costs incurred on the cross-petition?
  3. 3 Should interim payments on account of costs be ordered?

Ratio Decidendi

Costs on the cross-petition are to be set off against costs on the petition, with specific percentages allocated to reflect relative success and to avoid unnecessary assessment. Mr Hawkes is to pay 80% of the Cuddys' costs of the appeal, and an interim payment is ordered for appeal costs only.

Court Disposition

costs apportioned and set off as specified; interim payment ordered for appeal costs only

Orders

  • No order as to costs on the petition until 23 July 2007.
  • From 23 July 2007 to 23 October 2007, Mr Hawkes to pay the Cuddys 90% of their costs on the petition.