The Commission for Equality & Human Rights v Griffin & Ors

The Commission for Equality & Human Rights v Griffin & Ors

The Commission should pay the defendants’ costs of the committal proceedings as the defendants were successful and the application failed due to the correct interpretation of the judge’s order. Ms. Lumby and Mr. Darby’s involvement was peripheral and they are entitled to recover the whole of their costs. Mr. Griffin’s costs should be set off against the Commission’s entitlement to recover costs from him in relation to his application. Indemnity costs are not justified as the Commission’s conduct was not sufficiently unreasonable.

Parties
Claimant: The Commission for Equality & Human Rights; Defendant: Nicholas John Griffin; Defendant: Tanya Jane Lumby; Defendant: Simon Darby
Jurisdiction
England and Wales
Judgment Date
21 March 2011
Procedural Posture
Application for Committal for Contempt and Costs / Costs Determination After Judgment
Outcome
Costs awarded to defendants; set-off ordered between Mr. Griffin and the Commission; no indemnity costs; no interim payment on account.
Legal Topics
Costs, Committal Proceedings, Interpretation of Court Orders
Civil Procedure Contempt of Court Equality Law Costs Committal Proceedings Interpretation of Court Orders

Case Brief

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Parties

The Commission for Equality & Human Rights

Claimant

Nicholas John Griffin

Defendant

Tanya Jane Lumby

Defendant

Simon Darby

Defendant

Procedural Posture

Application for Committal for Contempt and Costs / Costs Determination After Judgment

Legal Issues

  1. 1 Whether the Commission should pay the defendants' costs of the committal application
  2. 2 Whether Mr. Griffin should pay the Commission's costs of his application
  3. 3 Whether costs should be assessed on the indemnity basis

Ratio Decidendi

The Commission should pay the defendants’ costs of the committal proceedings as the defendants were successful and the application failed due to the correct interpretation of the judge’s order. Ms. Lumby and Mr. Darby’s involvement was peripheral and they are entitled to recover the whole of their costs. Mr. Griffin’s costs should be set off against the Commission’s entitlement to recover costs from him in relation to his application. Indemnity costs are not justified as the Commission’s conduct was not sufficiently unreasonable.

Court Disposition

Costs awarded to defendants; set-off ordered between Mr. Griffin and the Commission; no indemnity costs; no interim payment on account.

Orders

  • The Commission to pay Ms. Lumby and Mr. Darby the whole of their costs.
  • The Commission to pay Mr. Griffin’s costs of the committal proceedings, subject to set-off against costs recoverable from him in relation to his application.