Aspin v Metric Group Ltd

Aspin v Metric Group Ltd

The trial judge failed to properly apply CPR 44.3 by not considering an issue-based or proportionate costs order reflecting the claimant's partial success. The correct approach was to award the claimant 50% of his costs up to the liability judgment and all his costs thereafter, as the issues were distinct and the defendant's conduct contributed to the litigation of certain claims.

Parties
Appellant: Kevin Aspin; Respondent: Metric Group Limited
Jurisdiction
England and Wales
Judgment Date
24 July 2007
Procedural Posture
Civil Appeal / Appeal From High Court (costs Order)
Outcome
Appeal allowed
Legal Topics
Costs, Wrongful Dismissal, Breach of Contract, Damages
Employment Law Civil Procedure Costs Wrongful Dismissal Breach of Contract Damages

Case Brief

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Parties

Kevin Aspin

Appellant

Metric Group Limited

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court (costs Order)

Legal Issues

  1. 1 Whether the trial judge erred in making a 'no order as to costs' up to the date of judgment on liability
  2. 2 Proper application of CPR 44.3 in awarding costs where the claimant succeeded on some but not all issues

Ratio Decidendi

The trial judge failed to properly apply CPR 44.3 by not considering an issue-based or proportionate costs order reflecting the claimant's partial success. The correct approach was to award the claimant 50% of his costs up to the liability judgment and all his costs thereafter, as the issues were distinct and the defendant's conduct contributed to the litigation of certain claims.

Court Disposition

Appeal allowed

Orders

  • Order of 'no order as to costs' up to liability judgment set aside
  • Claimant awarded 50% of his costs up to the conclusion of the trial of liability and all his costs thereafter