Winter & Anor v Traditional & Contemporary Contracts Ltd

Winter & Anor v Traditional & Contemporary Contracts Ltd

The judge's refusal to award the Winters their costs of the preliminary issue was within his discretion, given the objectors’ failure to provide satisfactory proof of title until the hearing and the developers’ prompt admission once satisfied. The special costs rule in paragraph 22.4 of the Practice Direction did not apply before the objectors’ title was established.

Parties
Appellants: Winter & Anr; Respondent: Traditional & Contemporary Contracts Ltd
Jurisdiction
England and Wales
Judgment Date
20 December 2006
Procedural Posture
Civil Appeal / Appeal From Lands Tribunal on Costs Order
Outcome
Appeal dismissed
Legal Topics
Costs, Restrictive Covenants, Appeals
Civil Procedure Property Law Costs Restrictive Covenants Appeals

Case Brief

Summary, issues, holding and outcome

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Parties

Winter & Anr

Appellants

Traditional & Contemporary Contracts Ltd

Respondent

Procedural Posture

Civil Appeal / Appeal From Lands Tribunal on Costs Order

Legal Issues

  1. 1 Whether the objectors (Winters) were entitled to recover costs of the preliminary issue regarding their title to object to modification of a restrictive covenant
  2. 2 Whether the Tribunal's costs order was correct in law and principle

Ratio Decidendi

The judge's refusal to award the Winters their costs of the preliminary issue was within his discretion, given the objectors’ failure to provide satisfactory proof of title until the hearing and the developers’ prompt admission once satisfied. The special costs rule in paragraph 22.4 of the Practice Direction did not apply before the objectors’ title was established.

Court Disposition

Appeal dismissed

Orders

  • The judge’s order as to costs is upheld.