Symes v Phillips & Ors

Symes v Phillips & Ors

While there is no difference in principle regarding costs in civil contempt and other civil proceedings, the contemnor's admitted contempt and the need not to deter claimants from assisting the court are relevant. Given the appellant's substantial success on appeal but also his responsibility for the proceedings, he is awarded one half of the costs of the appeal.

Parties
Appellant: Robin James Symes; Respondents: Jonathan Guy Anthony Phillips & Ors
Jurisdiction
England and Wales
Judgment Date
19 May 2005
Procedural Posture
Civil Appeal / Judgment on Costs After Appeal
Outcome
appellant awarded one half of the costs of the appeal
Legal Topics
Costs, Contempt of Court, Appeals
Civil Procedure Costs Contempt of Court Appeals

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 7 Party arguments 2
Sign in to unlock

Parties

Robin James Symes

Appellant

Jonathan Guy Anthony Phillips & Ors

Respondents

Procedural Posture

Civil Appeal / Judgment on Costs After Appeal

Legal Issues

  1. 1 Whether the contemnor is entitled to costs of the appeal after partial success in contempt proceedings
  2. 2 What principles govern costs awards in civil contempt appeals

Ratio Decidendi

While there is no difference in principle regarding costs in civil contempt and other civil proceedings, the contemnor's admitted contempt and the need not to deter claimants from assisting the court are relevant. Given the appellant's substantial success on appeal but also his responsibility for the proceedings, he is awarded one half of the costs of the appeal.

Court Disposition

appellant awarded one half of the costs of the appeal

Orders

  • The contemnor is awarded one half of the costs of the appeal, including the costs of the costs issue.