swarb.co.uk - law index
These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.
Costs - From: 1200 To: 1799
This page lists 10 cases, and was prepared on 20 May 2019.
Case XXII 10 Jac 10 Co 115 B, 117 B, Pitfold's Case Damages, Count; 1220 - [1220] EngR 57; (1220-1623) Jenk 288; (1220) 145 ER 208 (B)
Amand v Bradbourne [1649] EngR 2; (1649-1779) 2 Chan Cas 138; (1649) 22 ER 884 (A)
1649
Trusts, Costs
Trustee sued concerning the Trust in Chancery obtained a Dismission and had Costs paid him as in Course, but the Costs allowed him and taxed were short of his real Costs. After a Bill by the Cestuy qui Trust to have account of the Trust, on Account of his disbursements he shall be aIIowed his true and necessary Costs in the former Suit, and not be concluded, and co, and so ordered.
[ Commonlii ]
Palmer v Warner; 1669 - [1669] EngR 366; (1669) Noy 91; (1669) 74 ER 1057 (C)
Lloyd Bar' v Powis [1671] EngR 31; (1671) 3 Rep Ch 65; (1671) 21 ER 730 (B)
19 Jun 1671
Costs
A bill of revivor aganst a defendant as Heir dimissed with costs, cannot be Costs in the original Suit
[ Commonlii ]
Weldon v Vesey [1682] EngR 426; (1682) Pop 173; (1682) 79 ER 1269
1682
Costs
Whether a sheriff, or, &c. shall have 12d. in the pound for the first 1001. and 6d. for the rest upon an execution.
[ Commonlii ]
Bull v Palmer; 1685 - [1685] EngR 522; (1685) 3 Keb 643; (1685) 84 ER 928 (B)
Major Thomas Cochrane v Robert Lord Blantyre [1726] UKHL Robertson - 558; (1726) Robertson 558
4 Apr 1726
HL
Costs, Trusts
Costs and Expences. -
Trust bonds granted conditionally, if the grantor should procure two commissions held by the grantee, of which he then executed resignations, are reduced upon the ground, that though the grantor held the said resignations in his hands, he did not procure the new commissions in virtue thereof, but in consequence of other means and considerations: but the Court having refused the pursuer his costs, the judgment is reversed, and it is ordered that the Court do case these costs to be taxed and ascertained and forthwith paid to the pursuer.
Appeal - The pursuer having craved that the bonds might be delivered up to him by the clerk, but the defender having stated that he meant to appeal, and the Court having ordered the bonds to remain in process, and not to be delivered up without a fresh warrant, their judgment is affirmed.
[ Bailii ]
Jones v Coxeter (1742) Atk 400
1742
Lord Hardwicke
Costs, Equity
Lord Hardwicke said: 'The giving of costs in equity is entirely discretionary and is not at all conformable to the rule at law.'
1 Citers
Corporation of Burford v Lenthall (1743) 2 Atk 551
1743
Lord Hardwicke
Costs, Equity
The court considered how the Courts of Equity had dealt with orders for costs: 'Courts of Equity have in all cases done it not from any authority but from conscience and arbitrio boni viri, as to the satisfaction on one side or other on account of vexation.'
1 Citers
Motteux v Mackreth; 1789 - [1789] EngR 1612; (1789-1817) 1 Ves Jun Supp 53; (1789) 34 ER 688 (D)
