Cole v Carpenter & Ors

Cole v Carpenter & Ors

The defendants failed in their application, which was premature and disproportionate, but had partial success on certain issues. Justice requires that defendants bear their own costs of the application, and claimant's costs should be reserved to the trial judge for determination after trial.

Parties
Claimant: Astrid-Caroline Cole; Defendant: Sean Avram Carpenter; Defendant: Lauren Sarah Carpenter; Defendant: David Aaron Carpenter
Jurisdiction
England and Wales
Judgment Date
27 November 2020
Procedural Posture
Civil / Costs Ruling Following Dismissal of Contempt Application
Outcome
Defendants to bear their own costs of the application; claimant’s costs reserved to trial judge.
Legal Topics
Costs, Contempt of Court, Summary Assessment
Civil Procedure Costs Contempt of Court Summary Assessment

Case Brief

Summary, issues, holding and outcome

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Parties

Astrid-Caroline Cole

Claimant

Sean Avram Carpenter

Defendant

Lauren Sarah Carpenter

Defendant

David Aaron Carpenter

Defendant

Procedural Posture

Civil / Costs Ruling Following Dismissal of Contempt Application

Legal Issues

  1. 1 Whether costs should follow the event after dismissal of contempt application
  2. 2 Whether costs should be reserved to trial judge or be costs in the case
  3. 3 Whether conduct or partial success warrants deviation from general rule

Ratio Decidendi

The defendants failed in their application, which was premature and disproportionate, but had partial success on certain issues. Justice requires that defendants bear their own costs of the application, and claimant's costs should be reserved to the trial judge for determination after trial.

Court Disposition

Defendants to bear their own costs of the application; claimant’s costs reserved to trial judge.

Orders

  • Defendants to bear their own costs of the application in any event.
  • Claimant’s costs of the application reserved to the trial judge.