Phillips v Phillips [2009] EWCA Civ 185 (25 February 2009)

Phillips v Phillips [2009] EWCA Civ 185 (25 February 2009)

The appellant is to pay the respondent's costs up to and including the service of the Respondent's Notice in March 2008 and the costs of preparing and serving the first skeleton argument in November 2008, but not the intervening costs.

Citation
[2009] EWCA Civ 185
Parties
Appellant: Phillips; Respondent: Phillips
Jurisdiction
England and Wales
Judgment Date
25 February 2009
Procedural Posture
Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Costs, Appeal Procedure
Civil Procedure Costs Appeal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Phillips

Appellant

Phillips

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal

Legal Issues

  1. 1 Appropriate order for costs where appeal is not pursued after permission to amend Respondent's Notice

Ratio Decidendi

The appellant is to pay the respondent's costs up to and including the service of the Respondent's Notice in March 2008 and the costs of preparing and serving the first skeleton argument in November 2008, but not the intervening costs.

Court Disposition

Appeal dismissed

Orders

  • Appellant to pay respondent's costs up to and including service of Respondent's Notice in March 2008 and costs of preparing and serving the first skeleton argument in November 2008, subject to detailed assessment unless agreed