Crompton Re An Application [2006] EWLands LP_33_2005 (07 April 2006)

The objector should be awarded his costs in full because the application was withdrawn at a late stage, causing the objector to incur significant costs, and there was no justification to deprive the objector of costs.

Citation: [2006] EWLands LP_33_2005
Parties: Applicant: Paul Crompton; Objector: Anthony Richard Dovey
Jurisdiction: England and Wales
Judgment Date: 07 April 2006
Procedural Posture: Application Under Section 84, Law of Property Act 1925 / Decision on Application for Costs After Withdrawal of Main Application
Outcome: Application for costs by objector allowed; applicant to pay objector's costs in full.
Legal Topics: Restrictive Covenants, Discharge of Covenants, Costs Orders, Withdrawal of Application

Property Law Restrictive Covenants Discharge of Covenants Costs Orders Withdrawal of Application

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 1

Parties

Paul Crompton

Applicant

Anthony Richard Dovey

Objector

Procedural Posture

Application Under Section 84, Law of Property Act 1925 / Decision on Application for Costs After Withdrawal of Main Application

Legal Issues

1 Whether the objector should be awarded costs in full after the applicant withdrew the application to discharge a restrictive covenant

Ratio Decidendi

Court Disposition

Application for costs by objector allowed; applicant to pay objector's costs in full.

Orders

Order of 14 March 2006 set aside.
Objector awarded full costs, subject to detailed assessment if not agreed.