The claimant had incurred costs in defending an action brought by the respondents in breach of an exclusive jurisdiction agreement. They appealed a judgement against them.
Held: The claim for the costs must succeed. The jurisdiction in which the claim had been brought was one which did not award costs save exceptionally. That rule did not apply in the jurisdiction agreed for, and the claim would put the claimant in the position he would have been in had the other followed the contract.
Judges:
Lord Phillips MR, Lord Justice Schiemann, And, Lord Justice May
Citations:
Times 10-Dec-2001, Gazette 17-Jan-2002, [2001] EWCA Civ 1755, [2002] 1 WLR 1517, [2002] CLC 314, [2002] 1 All ER 693
Links:
Jurisdiction:
England and Wales
Citing:
Compared – Berry v British Transport Commission CA 1961
The plaintiff had been prosecuted by the defendant for pulling the emergency cord on a train without proper cause. After acquittal and payment of part of her costs, she sued for malicious prosecution, saying the damages were the part of her defence . .
Cited by:
Cited – Botham v The Ministry of Defence QBD 26-Mar-2010
The claimant had been employed by the MOD. He was summarily dismissed for gross misconduct, and he was then placed on the list of persons unsuitable for work with children. He succeeded at the Tribunal in a claim for unfair and wrongful dismissal. . .
Lists of cited by and citing cases may be incomplete.
Jurisdiction, Costs, Damages
Updated: 04 July 2022; Ref: scu.166931