Ma'har v O'Keefe & Anor

Ma'har v O'Keefe & Anor

The trial judge's costs order was within the ambit of his discretion, having considered the parties' conduct, offers to settle, and the outcome of the proceedings. No error of principle or misapplication of the law was established.

Source-derived case information.

Parties
Appellant: Mrs Gillian Ma'har (Formally Smout); First Respondent: Mr Michael O'Keefe; Second Respondent: Mrs Angela O'Keefe
Jurisdiction
England and Wales
Judgment Date
26 November 2014
Procedural Posture
Civil Appeal / Appeal From Costs Order After Trial
Outcome
Appeal dismissed
Legal Topics
Costs, Partnership Dissolution, Judicial Discretion in Costs, Settlement Offers
Civil Procedure Partnership Law Costs Partnership Dissolution Judicial Discretion in Costs Settlement Offers

Source-derived case record

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Parties

Mrs Gillian Ma'har (Formally Smout)

Appellant

Mr Michael O'Keefe

First Respondent

Mrs Angela O'Keefe

Second Respondent

Procedural Posture

Civil Appeal / Appeal From Costs Order After Trial

Legal Issues

  1. 1 Whether the trial judge erred in the exercise of discretion regarding costs apportionment after partnership dissolution proceedings
  2. 2 Whether the judge failed to consider or misapplied relevant offers to settle
  3. 3 Whether the judge's allocation of costs was outside the bounds of reasonable discretion

Ratio Decidendi

The trial judge's costs order was within the ambit of his discretion, having considered the parties' conduct, offers to settle, and the outcome of the proceedings. No error of principle or misapplication of the law was established.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed. The costs order of the trial judge stands.