Hall v Harris & Ors [2012] EWCA Civ 840 (27 June 2012)

Hall v Harris & Ors [2012] EWCA Civ 840 (27 June 2012)

The appropriate order is that proposed by respondents, reflecting the issues raised and findings. Respondents are overall winners but a discount is applied to their costs for concessions and cross-appeal failure. Leading counsel's costs are excluded as unnecessary.

Citation
[2012] EWCA Civ 840
Parties
Appellant: Mr Colin Hall; Respondent: Gerald Harris; Respondent: Mrs Cynthia Harris; Respondent: Mrs Shirley Moore
Jurisdiction
England and Wales
Judgment Date
27 June 2012
Procedural Posture
Civil Appeal / Judgment on Outstanding Issues Following Main Judgment
Outcome
Appeal allowed in part; cross-appeal dismissed; respondents awarded 75% of appeal and cross-appeal costs (excluding leading counsel); trial costs order undisturbed.
Legal Topics
Rights of Common, Costs, Appeals
Property Law Civil Procedure Rights of Common Costs 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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Mr Colin Hall

Appellant

Gerald Harris

Respondent

Mrs Cynthia Harris

Respondent

Mrs Shirley Moore

Respondent

Procedural Posture

Civil Appeal / Judgment on Outstanding Issues Following Main Judgment

Legal Issues

  1. 1 substantive form of order reflecting appeal outcome
  2. 2 allocation of costs between parties

Ratio Decidendi

The appropriate order is that proposed by respondents, reflecting the issues raised and findings. Respondents are overall winners but a discount is applied to their costs for concessions and cross-appeal failure. Leading counsel's costs are excluded as unnecessary.

Court Disposition

Appeal allowed in part; cross-appeal dismissed; respondents awarded 75% of appeal and cross-appeal costs (excluding leading counsel); trial costs order undisturbed.

Orders

  • Substitute revised declarations at paragraphs [40], [46], and [52] of main judgment for previous orders.
  • Respondents awarded 75% of appeal and cross-appeal costs, excluding leading counsel.