Higson & Anor v Guenault & Anor

Higson & Anor v Guenault & Anor

The Club is entitled to its costs as it was not unreasonable in its conduct and the general rule that costs follow the event applies. However, the costs claimed were excessive in certain respects and are summarily assessed at a reduced figure.

Parties
Appellant: Higson & another; Respondent: Guenault & another
Jurisdiction
England and Wales
Judgment Date
22 July 2014
Procedural Posture
Civil Appeal / Costs Determination After Appeal Judgment
Outcome
Costs awarded to the respondents (the Club), summarily assessed at £18,916.
Legal Topics
Costs, Appeal, Fresh Evidence, Boundary Dispute
Civil Procedure Costs Appeal Fresh Evidence Boundary Dispute

Case Brief

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Parties

Higson & another

Appellant

Guenault & another

Respondent

Procedural Posture

Civil Appeal / Costs Determination After Appeal Judgment

Legal Issues

  1. 1 Whether the respondents (the Club) are entitled to costs of the appeal and in what amount
  2. 2 Whether the Club acted unreasonably in resisting the application to adduce fresh evidence

Ratio Decidendi

The Club is entitled to its costs as it was not unreasonable in its conduct and the general rule that costs follow the event applies. However, the costs claimed were excessive in certain respects and are summarily assessed at a reduced figure.

Court Disposition

Costs awarded to the respondents (the Club), summarily assessed at £18,916.

Orders

  • The Higsons must pay the Club’s assessed costs of £18,916 (plus VAT if chargeable) within 14 days of the judgment and costs order being handed down.