Patience v Tanner & Anor

Patience v Tanner & Anor

The judge failed to consider the conduct of both parties post-29 May 2014; justice required that each party bear its own costs after that date, and sufficient effect was given to the May offer by depriving appellant of post-29 May costs without ordering him to pay respondents' costs.

Parties
Appellant: Patience; Respondent: Tanner; Respondent: Bloor
Jurisdiction
England and Wales
Judgment Date
22 March 2016
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal allowed in part
Legal Topics
Costs, Specific Performance, Easements, Settlement Offers
Civil Procedure Property Law Costs Specific Performance Easements Settlement Offers

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 3 Authorities cited 4 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Patience

Appellant

Tanner

Respondent

Bloor

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the appellant should pay respondents' costs after 29 May 2014
  2. 2 Appropriate apportionment of costs following settlement before trial
  3. 3 Effect of settlement offers not compliant with Part 36

Ratio Decidendi

The judge failed to consider the conduct of both parties post-29 May 2014; justice required that each party bear its own costs after that date, and sufficient effect was given to the May offer by depriving appellant of post-29 May costs without ordering him to pay respondents' costs.

Court Disposition

appeal allowed in part

Orders

  • Each party to bear its own costs after 29 May 2014
  • Appellant entitled to costs up to and including 29 May 2014