Summit Property Ltd. v Pitmans (a firm) [2001] EWCA Civ 2020 (19 November 2001)

Summit Property Ltd. v Pitmans (a firm) [2001] EWCA Civ 2020 (19 November 2001)

The judge's issue-based costs order was within his discretion under Civil Procedure Rules Part 44.3, and it is no longer necessary for a party to have acted improperly or unreasonably to be ordered to pay costs of an issue lost. The judge considered relevant factors, including overlap of issues, and his decision was not flawed or perverse.

Citation
[2001] EWCA Civ 2020
Parties
Claimant: Summit Property Limited; Defendant: Pitmans (A Firm)
Jurisdiction
England and Wales
Judgment Date
19 November 2001
Procedural Posture
Appeal / Appeal From High Court (chancery Division) on Costs Order
Outcome
Appeal dismissed
Legal Topics
Issue Based Costs Orders, Discretion in Costs, Civil Procedure Rules Part 44.3
Civil Procedure Costs Issue Based Costs Orders Discretion in Costs Civil Procedure Rules Part 44.3

Case Brief

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Parties

Summit Property Limited

Claimant

Pitmans (A Firm)

Defendant

Procedural Posture

Appeal / Appeal From High Court (chancery Division) on Costs Order

Legal Issues

  1. 1 Whether the judge erred in exercising discretion to make an issue-based costs order
  2. 2 Whether the successful party can be ordered to pay costs of the unsuccessful party on issues lost
  3. 3 Whether improper or unreasonable conduct is required for such an order

Ratio Decidendi

The judge's issue-based costs order was within his discretion under Civil Procedure Rules Part 44.3, and it is no longer necessary for a party to have acted improperly or unreasonably to be ordered to pay costs of an issue lost. The judge considered relevant factors, including overlap of issues, and his decision was not flawed or perverse.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs, to be assessed if not agreed