For a costs appeal to succeed it must be established that the judge has exceeded the limits of his proper discretion by the order made. Auld LJ said that the Court should only intervene: ‘the judge has either erred in principle in his approach, or has left out of account, or taken into account, some feature that he should, or should not, have considered, or that [the exercise of] his discretion is wholly wrong because the court is forced to the conclusion that he has not balanced the various factors fairly in the scale.’
Judges:
Auld LJ
Citations:
[2003] EWCA Civ 612
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Jones and Another v Ruth and Another CA 12-Jul-2011
The parties were neighbours. The claimants succeeded in their assertion of trespass and nuisance in building works carried out by the defendant. The claimant appealed against the judge’s failure to award damages for harassment, saying that though . .
Lists of cited by and citing cases may be incomplete.
Contract, Costs
Updated: 07 June 2022; Ref: scu.181930