Morton v Morton & Anor (Re Costs) [2023] EWHC 3223 (Ch) (15 December 2023)

Morton v Morton & Anor (Re Costs) [2023] EWHC 3223 (Ch) (15 December 2023)

Julie was the successful party overall, having achieved the main relief sought, but Simon and Alison succeeded on discrete issues, notably statutory interest on appeal. Julie's Part 36 offer was beaten in money terms, triggering Part 36 consequences, but the court found it would be unjust to apply those consequences for the period immediately after expiry due to unrealistic payment terms. From the date of Julie's Calderbank offer, Part 36 consequences applied as Simon and Alison failed to engage realistically. Costs were apportioned: Julie entitled to 50% of costs up to 26 April 2022, no order as to costs thereafter except for indemnity costs and Part 36 relief from 13 June 2021 to 30...

Citation
[2023] EWHC 3223 (Ch)
Parties
Claimant: Julie Anne Morton; Defendant: Simon Nigel Morton; Defendant: Alison Mary Morton
Jurisdiction
England and Wales
Judgment Date
15 December 2023
Procedural Posture
Civil Partnership Dissolution and Accounts / Post Trial Costs Judgment Following Appeal
Outcome
Costs apportioned; Julie entitled to 50% of costs up to 26 April 2022, no order as to costs thereafter except indemnity costs and Part 36 relief for specified period.
Legal Topics
Costs, Part 36 Offers, Proprietary Estoppel, Declaratory Relief, Specific Performance, Taking of Accounts
Civil Procedure Partnership Law Equity Costs Part 36 Offers Proprietary Estoppel Declaratory Relief Specific Performance +1 more

Case Brief

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Parties

Julie Anne Morton

Claimant

Simon Nigel Morton

Defendant

Alison Mary Morton

Defendant

Procedural Posture

Civil Partnership Dissolution and Accounts / Post Trial Costs Judgment Following Appeal

Legal Issues

  1. 1 Who is the successful party for costs purposes given mixed success
  2. 2 Effect of Part 36 and Calderbank offers on costs
  3. 3 Whether judgment was at least as advantageous as claimant's Part 36 offer

Ratio Decidendi

Julie was the successful party overall, having achieved the main relief sought, but Simon and Alison succeeded on discrete issues, notably statutory interest on appeal. Julie's Part 36 offer was beaten in money terms, triggering Part 36 consequences, but the court found it would be unjust to apply those consequences for the period immediately after expiry due to unrealistic payment terms. From the date of Julie's Calderbank offer, Part 36 consequences applied as Simon and Alison failed to engage realistically. Costs were apportioned: Julie entitled to 50% of costs up to 26 April 2022, no order as to costs thereafter except for indemnity costs and Part 36 relief from 13 June 2021 to 30...

Court Disposition

Costs apportioned; Julie entitled to 50% of costs up to 26 April 2022, no order as to costs thereafter except indemnity costs and Part 36 relief for specified period.

Orders

  • Simon and Alison to pay 50% of Julie's costs up to 26 April 2022.
  • No order as to costs after 26 April 2022 except as below.