Brawley v Marczynski and Another: CA 21 Oct 2002

The defendants appealed an award of costs on an indemnity basis against them in the favour of a legally aided claimant.
Held: Indemnity costs were often intended to indicate disapproval of a party’s behaviour in an action, and were awarded in several and discretionary circumstances. It was not an objection of principle to say that a legally aided litigant would not recover the difference between standard and indemnity costs, and that therefore indemnity costs should not be awarded in favour of a legally aided claimant. Appeal refused.
Aldous, Tuckey, Longmore LLJ
[2003] 1 WLR 813, Times 07-Nov-2002, Gazette 09-Jan-2003, Gazette 16-Jan-2003, [2002] EWCA Civ 1453, [2003] 3 Costs LR 325, [2003] CP Rep 15, [2002] 4 All ER 1067, [2003] CPLR 241
Civil Procedure Rules
England and Wales
CitedFrary v Frary CA 1993
A spouse’s wealthy cohabitant, who had been ordered to produce evidence not just as to the support provided by her (or him) to the spouse but as to her (or his) overall resources may be able successfully to invoke the courts jurisdiction to protect . .
CitedBurgess v Burgess CA 11-Nov-1996
. .
CitedKiam v MGN Ltd CA 28-Jan-2002
Where a court regards a jury award in a defamation case as excessive, a ‘proper’ award can be substituted for it is not whatever sum court thinks appropriate, wholly uninfluenced by jury’s view, but the highest award which a jury could reasonably . .
CitedReid Minty (a firm) v Taylor CA 2002
The defendant had successfully defended the main claim and now appealed against the refusal of an order for costs on an indemnity basis even though judge thought that the claimants had behaved unreasonably. He had said that some conduct deserving of . .

Cited by:
CitedSargeant, and Sargeant v Macepark (Whittlebury) Limited ChD 8-Jun-2004
The landlord granted the tenant a licence to make alterations to the property, but imposed conditions on the use to be made of the resulting premises. The tenant objected.
Held: The landlord was entitled when granting consent to take into . .

These lists may be incomplete.
Updated: 26 February 2021; Ref: scu.177722