Dooley v Parker [2003] EWHC 9029 (Costs) (05 July 2003)

Dooley v Parker [2003] EWHC 9029 (Costs) (05 July 2003)

The claimant is entitled to her costs from 1 May 2001, the date she abandoned the claim to a right to park, but there should be no order as to costs prior to that date.

Citation
[2003] EWHC 9029 (Costs)
Parties
Claimant: Dooley; Defendant: Parker
Jurisdiction
England and Wales
Judgment Date
05 July 2003
Procedural Posture
Costs Dispute / Appeal
Outcome
appeal allowed in part
Legal Topics
Costs, Boundary Disputes, Right of Way
Civil Procedure Costs Boundary Disputes Right of Way

Case Brief

Summary, issues, holding and outcome

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Parties

Dooley

Claimant

Parker

Defendant

Procedural Posture

Costs Dispute / Appeal

Legal Issues

  1. 1 Whether the claimant is entitled to costs after abandoning part of her claim
  2. 2 Whether there should be an order as to costs prior to abandonment of the right to park

Ratio Decidendi

The claimant is entitled to her costs from 1 May 2001, the date she abandoned the claim to a right to park, but there should be no order as to costs prior to that date.

Court Disposition

appeal allowed in part

Orders

  • Claimant to have her costs from 1 May 2001
  • No order as to costs prior to 1 May 2001