Walsh v Shanahan & Ors

Walsh v Shanahan & Ors

The judge’s costs order was within his discretion, rational, and based on the correct assessment that the claim was primarily for an account of profits; no error of principle was demonstrated.

Parties
Appellant: Matthew Patrick Walsh; Respondent: John Joseph Shanahan; Respondent: James Leonard; Respondent: SLH Properties Limited
Jurisdiction
England and Wales
Judgment Date
19 June 2013
Procedural Posture
Civil Appeal / Appeal Against Costs Order
Outcome
appeal dismissed
Legal Topics
Costs, Part 36 Offers, Breach of Confidence, Account of Profits, Damages
Civil Procedure Costs Part 36 Offers Breach of Confidence Account of Profits Damages

Case Brief

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Parties

Matthew Patrick Walsh

Appellant

John Joseph Shanahan

Respondent

James Leonard

Respondent

SLH Properties Limited

Respondent

Procedural Posture

Civil Appeal / Appeal Against Costs Order

Legal Issues

  1. 1 Whether the judge erred in awarding 90% of respondents’ costs to be paid by the appellant for the period up to 13 October 2010
  2. 2 Whether the judge failed to properly consider the allocation of costs in light of the Part 36 offer

Ratio Decidendi

The judge’s costs order was within his discretion, rational, and based on the correct assessment that the claim was primarily for an account of profits; no error of principle was demonstrated.

Court Disposition

appeal dismissed

Orders

  • Mr Walsh’s appeal against the judge’s costs order is dismissed