Kingston & Anor v Francis & Anor

Kingston & Anor v Francis & Anor

The appropriate order was no order as to costs in the Part 20 proceedings between the Francis brothers, Mr Moody, and the McLays, as the costs would circulate through indemnities and any order would be academic; the overall outcome was balanced, and further expense and argument would be avoided.

Parties
Claimant: Alan David Kingston; Claimant: Jacqueline Edith Kingston; Defendant: Victor Paul Francis; Defendant: Philip George Francis; First Part 20 Defendant / Appellant: Eric Moody; Second Part 20 Defendant / Cross Appellant: James John McLay; Second Part 20 Defendant / Cross Appellant: Maria Immacollata McLay
Jurisdiction
England and Wales
Judgment Date
04 July 2003
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Cross Appeal Regarding Costs Order in Part 20 Proceedings
Outcome
No order as to costs in the Part 20 proceedings between the Francis brothers, Mr Moody, and the McLays; cross-appeal dismissed.
Legal Topics
Costs, Indemnity, Covenants in Conveyancing, Third Party Proceedings, Discontinuance of Claims
Civil Procedure Property Law Costs Indemnity Covenants in Conveyancing Third Party Proceedings Discontinuance of Claims

Case Brief

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Parties

Alan David Kingston

Claimant

Jacqueline Edith Kingston

Claimant

Victor Paul Francis

Defendant

Philip George Francis

Defendant

Eric Moody

First Part 20 Defendant / Appellant

James John McLay

Second Part 20 Defendant / Cross Appellant

Maria Immacollata McLay

Second Part 20 Defendant / Cross Appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Cross Appeal Regarding Costs Order in Part 20 Proceedings

Legal Issues

  1. 1 Whether the judge erred in making no order as to costs in Part 20 proceedings after discontinuance and failure of claims
  2. 2 Whether the McLays should be liable for costs of the fourth party proceedings
  3. 3 Whether the Francis brothers should be liable for costs to the McLays after discontinuing the third party claim

Ratio Decidendi

The appropriate order was no order as to costs in the Part 20 proceedings between the Francis brothers, Mr Moody, and the McLays, as the costs would circulate through indemnities and any order would be academic; the overall outcome was balanced, and further expense and argument would be avoided.

Court Disposition

No order as to costs in the Part 20 proceedings between the Francis brothers, Mr Moody, and the McLays; cross-appeal dismissed.

Orders

  • No order as to costs in relation to the proceedings between the Francis brothers, Mr Moody, and the McLays.