Lowe & Anor v W Machell Joinery Ltd

Lowe & Anor v W Machell Joinery Ltd

The respondent must pay the appellants' costs of the appeal, but there will be no order as to costs below due to the claimants' conduct and the time spent on unsuccessful issues.

Parties
Claimant: Keith Lowe; Claimant: Ann Lowe; Defendant: W Machell Joinery Ltd
Jurisdiction
England and Wales
Judgment Date
08 July 2011
Procedural Posture
Civil Appeal / Supplementary Judgment on Costs After Appeal Decision
Outcome
Appeal allowed; judge's order set aside.
Legal Topics
Costs, Appeal, Implied Terms, Express Terms, Discretion in Costs Orders
Civil Procedure Contract Law Costs Appeal Implied Terms Express Terms Discretion in Costs Orders

Case Brief

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Parties

Keith Lowe

Claimant

Ann Lowe

Claimant

W Machell Joinery Ltd

Defendant

Procedural Posture

Civil Appeal / Supplementary Judgment on Costs After Appeal Decision

Legal Issues

  1. 1 Appropriate costs order following successful appeal
  2. 2 Effect of conduct and issue-based approach on costs
  3. 3 Whether claimants should recover costs below given partial success and conduct

Ratio Decidendi

The respondent must pay the appellants' costs of the appeal, but there will be no order as to costs below due to the claimants' conduct and the time spent on unsuccessful issues.

Court Disposition

Appeal allowed; judge's order set aside.

Orders

  • Respondent to pay appellants £18,400 plus £1,104 interest by 22 July 2011.
  • Respondent to pay appellants' costs of the appeal, to be assessed if not agreed.