Stanley & Anor v Rawlinson & Anor

Stanley & Anor v Rawlinson & Anor

There is no principled basis to depart from the usual order that the unsuccessful appellants pay the respondents’ costs of the appeal, including the entirety of the expert evidence costs, as the judge’s intention was clear and the rationale for the award remains unaffected by the appeal outcome.

Parties
Appellant: Stanley & Anr; Respondent: Rawlinson & Anr
Jurisdiction
England and Wales
Judgment Date
12 April 2011
Procedural Posture
Civil Appeal / Costs Determination Post Appeal
Outcome
appeal dismissed as to costs; costs order against appellants
Legal Topics
Costs, Appeals, Expert Evidence
Civil Procedure Costs Appeals Expert Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

Stanley & Anr

Appellant

Rawlinson & Anr

Respondent

Procedural Posture

Civil Appeal / Costs Determination Post Appeal

Legal Issues

  1. 1 Whether the judge's order as to costs should be disturbed on appeal
  2. 2 Whether the Claimants should pay the entirety of the Defendants’ costs of and occasioned by the expert evidence
  3. 3 Whether there is any basis to depart from the usual order as to costs following a failed appeal

Ratio Decidendi

There is no principled basis to depart from the usual order that the unsuccessful appellants pay the respondents’ costs of the appeal, including the entirety of the expert evidence costs, as the judge’s intention was clear and the rationale for the award remains unaffected by the appeal outcome.

Court Disposition

appeal dismissed as to costs; costs order against appellants

Orders

  • Appellants/Claimants must pay Respondents’/Defendants’ costs of the appeal, subject to detailed assessment on the standard basis if not agreed