The setting aside of part only of an Ombudsman’s determination is not sufficient of itself to justify a full costs order against him. The Ombudsman had not been represented on the appeal. Of the fact that the order had been varied: ‘But that is not a sufficient ground to order him to pay costs. The limited circumstances in which an inferior tribunal, such as magistrates or an arbitrator, should be ordered to pay the costs of an appeal from its decision are well known [W]e do not consider that it is a case for such an order.’
Judges:
Staughton LJ
Citations:
Times 03-Oct-1997, [1997] EWCA Civ 2268, [1997] 4 All ER 947
Jurisdiction:
England and Wales
Cited by:
Cited – Regina on the Application of Davies (No 2) v HM Deputy Coroner for Birmingham CA 27-Feb-2004
The claimant appealed against a costs order. She had previously appealed against an order of the High Court on her application for judicial review of the inquest held by the respondent.
Held: The coroner, and others in a similar position . .
Lists of cited by and citing cases may be incomplete.
Costs
Updated: 09 November 2022; Ref: scu.142665