The claimant had won her case, but been deprived of her costs. She claimed for conversion after she had purchased a car without knowledge of it having been on hire purchase, and after it was seized by the finance company. The judge had considered that she should have been suspicious.
Held: The judge had found that each of the circumstances which might have caused suspicion in other minds had failed to do so in the claimant’s mind. For a successful party to be deprived of her costs, any misconduct had to relate to the proceedings themselves. These issues related to credit, and not to the proceedings. The Civil Procedure Rules had not changed this.
Judges:
Tuckey, Longmore LLJ
Citations:
Times 08-Nov-2002, Gazette 21-Nov-2002
Statutes:
Hire Purchase Act 1974 27(2), Civil Procedure Rules 44.3
Jurisdiction:
England and Wales
Costs, Civil Procedure Rules
Updated: 03 June 2022; Ref: scu.178028
