Phillips v Phillips

Phillips v Phillips

The appropriate order is for the appellant to pay the respondent’s costs up to and including the service of the Respondent’s Notice and the costs of preparing and serving the first skeleton argument, but not for the intervening period, reflecting the procedural history and the timing of the points raised.

Parties
Appellant: Phillips; Respondent: Phillips
Jurisdiction
England and Wales
Judgment Date
25 February 2009
Procedural Posture
Civil Appeal / Appeal Judgment
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 Judgment

Legal Issues

  1. 1 What is the appropriate order for costs when an appeal is dismissed without adjudication on the merits due to amendments to the Respondent’s Notice?

Ratio Decidendi

The appropriate order is for the appellant to pay the respondent’s costs up to and including the service of the Respondent’s Notice and the costs of preparing and serving the first skeleton argument, but not for the intervening period, reflecting the procedural history and the timing of the points raised.

Court Disposition

appeal dismissed

Orders

  • Appellant to pay respondent’s costs up to and including service of the Respondent’s Notice in March 2008 and costs of preparing and serving the first skeleton argument dated 21 November 2008, subject to detailed assessment unless agreed.
  • Application granted.