Hannan & Anor v Maxton [2009] EWCA Civ 773 (08 June 2009)

Hannan & Anor v Maxton [2009] EWCA Civ 773 (08 June 2009)

The judge erred in not awarding costs to the appellant, who succeeded entirely in her counterclaim and had made a Part 36 offer that was exceeded. The respondent abandoned all claims. The discretion to depart from the general rule on costs was not reasonably exercised or explained.

Citation
[2009] EWCA Civ 773
Parties
Appellant: Hannan; Respondent: Maxton
Jurisdiction
England and Wales
Judgment Date
08 June 2009
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Implied Trust, Beneficial Interest, Costs, Alternative Dispute Resolution, Part 36 Offers
Property Law Civil Procedure Implied Trust Beneficial Interest Costs Alternative Dispute Resolution Part 36 Offers

Case Brief

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Parties

Hannan

Appellant

Maxton

Respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether each party had a beneficial interest in the property held by the other
  2. 2 Whether costs should follow the event given the settlement and Part 36 offers
  3. 3 Appropriateness of alternative dispute resolution in cases with disputed facts

Ratio Decidendi

The judge erred in not awarding costs to the appellant, who succeeded entirely in her counterclaim and had made a Part 36 offer that was exceeded. The respondent abandoned all claims. The discretion to depart from the general rule on costs was not reasonably exercised or explained.

Court Disposition

Appeal allowed

Orders

  • Respondent to pay appellant's costs on a standard basis
  • No indemnity costs awarded