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These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.  














Costs - From: 1998 To: 1998

This page lists 74 cases, and was prepared on 20 May 2019.

 
Oshlack v Richmond River Council [1998] HCA 11
1998


Commonwealth, Costs
(High Court of Australia) The appellant had been concerned about the habitat of the endangered Koala, and complained about the absence of any fauna impact statement before a planning consent to development was granted. The judge at first instance had considered that there were "sufficient special circumstances to justify a departure from the ordinary rule as to costs". These were to be found in the following considerations: (i) The appellant had nothing to gain from the litigation "other than the worthy motive of seeking to uphold environmental law and the preservation of endangered fauna"; (ii) A significant number of members of the public shared the appellant's stance, so that in that sense there was a public interest in the outcome of the litigation; (iii) The challenge had raised and resolved significant issues as to the interpretation and future administration of statutory provisions relating to the protection of endangered fauna and the present and future administration of the development consent in question, which had implications for the council, the developer and the public." Held: The judgment at first instance was restored.
1 Citers


 
Roache v Newsgroup Newspapers Ltd [1998] EMLR 161
1998


Costs, Defamation
In looking at questions of costs in libel actions it is often appropriate to consider, as a matter of substance and reality, who was the true winner in the proceedings.
1 Citers



 
 Spath Holme Ltd v Chairman of the Greater Manchester and Lancashire Rent Assessment Committee (No2); Curtis v Similar; QBD 2-Jan-1998 - Times, 02 January 1998
 
Joseph Aaron v Joy Okoye [1998] EWCA Civ 25
15 Jan 1998
CA
Lady Justice Butler-Sloss, Lord Justice Hobhouse
Legal Professions, Costs
The plaintiff solicitor had acted for the respondent barrister in legal proceedings. The respondent was unhappy with work done on her behalf by counsel instructed by the plaintiff, and declined to pay. The solicitor taxed his bill excluding counsel's fees, and negotiations proceeded to agree counsel's fees. The respondent then claimed the bill should not have been taxed without counsel's fees. Held: The omission of counsel's fees from the first bill was understandable and did not vitiate the taxation. Nor did the separate delivery of a bill for counsel's fees deny any right to taxation of that bill. Appeal dismissed.
1 Cites

[ Bailii ]

 
 Regina v Preston Crown Court ex parte Lancashire County Council; Admn 20-Jan-1998 - Times, 23 November 1998; [1998] EWHC Admin 40; [1999] 1 WLR 142
 
Regina v Birmingham Magistrates' Court ex parte O'Sullivan [1998] EWHC Admin 46
21 Jan 1998
Admn

Costs, Magistrates

Prosecution of Offences Act 1985 18(1)
[ Bailii ]
 
Lonkar v J O Sims Limited [1998] EWCA Civ 92
28 Jan 1998
CA

Contract, Costs

[ Bailii ]
 
Regina v Durham City Justices ex parte Cooper [1998] EWHC Admin 135
3 Feb 1998
Admn

Magistrates, Costs

[ Bailii ]
 
Penningtons (a Firm) v Brown [1998] EWCA Civ 149
4 Feb 1998
CA

Costs

[ Bailii ]
 
Regina v Lord Chancellor's Department ex parte Child Poverty Action Group Times, 27 February 1998; [1998] EWHC Admin 151; [1999] 1 WLR 347
6 Feb 1998
Admn
Dyson J
Costs
The claimant sought an order with regard to its costs in an anticipated application to the court. The application was refused. Requests in a public interest action for an advance order for costs could only be awarded in very exceptional circumstances. The discretion to make a PCO should be exercised in a case involving a public interest challenge: (i) the court must be satisfied that the issues raised are truly ones of general public importance; (ii) the court must be satisfied, following short argument, that it has a sufficient appreciation of the merits of the claim that it can be concluded that it is in the public interest to make the order; (iii) the court must have regard to the financial resources of the applicant and respondent, and the amount of costs likely to be in issue; (iv) the court will be more likely to make an order where the respondent clearly has a superior capacity to bear the costs of the proceedings than the applicant, and where it is satisfied that, unless the order is made, the applicant will probably discontinue the proceedings, and will be acting reasonably in so doing.
1 Citers

[ Bailii ]

 
 Hodgson and others v Imperial Tobacco Limited Gallagher Limited etc; CA 12-Feb-1998 - Times, 13 February 1998; Gazette, 16 April 1998; [1998] EWCA Civ 224; [1998] 1 WLR 1056; [1998] 2 All ER 673
 
Regina v Denbighshire County Council; Cowley ex parte Rowlandson and Rowlandson [1998] EWHC Admin 170
12 Feb 1998
Admn

Planning, Costs

[ Bailii ]
 
General of Berne Insurance Company v Jardine Reinsurance Management Limited Gazette, 18 March 1998; Times, 20 February 1998; [1998] EWCA Civ 220; [1998] 2 All ER 30
12 Feb 1998
CA

Costs, Legal Professions
Where only part of action for which costs are awarded, is covered by a contentious business agreement, and the amount recoverable is limited, that part is severable from the balance. A paying party cannot be ordered to pay a receiving party more by way of costs than the receiving party is himself liable to pay by relying on a contractual cap agreed between the receiving party and his solicitor.
Solicitors Act 1974 59
1 Cites

1 Citers

[ Bailii ]
 
Malcolm Selwyn Thomas Phillips v Stanley Wiles [1998] EWCA Civ 264
17 Feb 1998
CA

Costs
The claimant, a burglar, was injured by the respondent in the course of burgling the defendant's home. His claim had been dismissed in all but a small part. The defendant farmer wanted to appeal. The claimant sought security for his costs. Held: The onus of proof was on the person seeking security to show that the defendant could not afford the costs of the appeal. No such proof was forthcoming, and the application was rejected.
1 Cites

1 Citers

[ Bailii ]

 
 King v Harding T/A C H Financial Services (a Firm) and Hodge T/A Car Centre Group; CA 24-Feb-1998 - [1998] EWCA Civ 336
 
Burac Oksuzoglu (By Alev Ahmet her Mother and Next Friend) v Stewart Kay and Kenneth Leslie Oldershaw Times, 26 February 1998; [1998] EWCA Civ 215; [1998] 2 All ER 361
26 Feb 1998
CA

Personal Injury, Costs
A party seeking not to obtain an up to date medical report when serving proceedings must obtain the consent of other side or of the court first. The Court asking itself as to costs, where far less is recovered, either generally or under a particular issue, than had been sought by a party, as to who, as a matter of substance and reality, had truly won.
Rules of the Supreme Court Order 18 Rule 12(1A)
1 Citers

[ Bailii ]

 
 Thai Trading (a Firm) v Margery Taylor and Wilfrid David Taylor (of Taylors Solicitors, Caversham); CA 27-Feb-1998 - Times, 06 March 1998; Gazette, 25 March 1998; Gazette, 16 April 1998; [1998] QB 781; [1998] EWCA Civ 370; [1998] 1 Costs LR 122; [1998] 2 FLR 430; [1998] Fam Law 586; [1998] 3 All ER 65; [1998] 2 WLR 893; [1998] PNLR 698; [1998] 3 FCR 606
 
Wallace and Another v Brian Gale and Associates (A Firm) Times, 05 March 1998; Gazette, 25 March 1998; [1998] EWCA Civ 239; [1998] Fam Law 400; [1998] 1 FLR 1091; [1997] 2 Costs LR 15
5 Mar 1998
CA

Costs
Agreed order for payments of 'costs of the action' included legal fees before action but not disbursements.
1 Cites

[ Bailii ]
 
Regina v Kraft Jacobs Suchard Limited St Albans and Mid Hertfordshire Justices [1998] EWHC Admin 316
12 Mar 1998
Admn

Magistrates, Costs

[ Bailii ]
 
North Sea Energy Holdings Nv v Petroleum Authority of Thailand [1998] EWCA Civ 466
16 Mar 1998
CA

Costs

1 Cites

[ Bailii ]
 
Kye Gbangbola and Lisa Lewis v Smith Sherriff Limited [1998] 3 All ER 730
20 Mar 1998
TCC
His Honour Judge Humphrey Lloyd Qc
Arbitration, Costs
“A tribunal does not act fairly and impartially if it does not give a party an opportunity of dealing with arguments which have not been advanced by either party”.
Arbitration Act 1996 68
1 Citers


 
A Tobin v Ann Gwyther [1998] EWCA Civ 539
26 Mar 1998
CA

Costs

[ Bailii ]

 
 Bailey v IBC Vehicles Limited; CA 27-Mar-1998 - Times, 09 April 1998; [1998] EWCA Civ 566; [1998] 3 All ER 570
 
Francis v South Yorkshire Transport Limited [1998] EWCA Civ 574
31 Mar 1998
CA

Costs

[ Bailii ]
 
Chief Constable of Derbyshire v Goodman and Newton [1998] EWHC Admin 390
2 Apr 1998
Admn
May LJ
Magistrates, Costs, Police
Firearms licences were granted to the two respondents, but then revoked by the Chief Constable. They appealed to the Crown Court and their appeal was allowed. The judge, however, ordered the Chief Constable to pay the costs of the two respondents, and he appealed against that order. Held: The appeal was allowed. May LJ said: "It should be said that the learned judge had found that the Chief Constable had acted entirely in good faith, and no criticism was levelled against him in the way in which this had been handled."
Having considered a number of decided cases, he continued: "It is of course important to say that decisions as to costs are discretionary and that any court or tribunal exercising such discretion is obliged to take into account all relevant circumstances. One such relevant circumstance was that this was indeed a police authority performing a statutory licensing function. This will not be determinative of all cases, but it is important that the tribunal takes into account that, generally speaking, a cost order adverse to such an authority would not be made unless there was some good reason for doing so, which was more than the fact that the other party to the contest had succeeded." He concluded: "In my view, this is a borderline case so far as costs are concerned. I can certainly see some force in [counsel’s] submissions, but exercising afresh, as in my view we are entitled to do, the discretion which Judge Morrison exercised, I consider on balance that this is not a case where costs ought to have been ordered against the Chief Constable. He acted, as the judge held, in complete good faith and, in those circumstances, the costs order ought not to have been made against him."
1 Citers

[ Bailii ]

 
 Theakston; Grainger King and Hynes (a Firm); Skelton; Skelton; Penrith Farmers' and Kidds' Plc v Dr Barry Matthews; CA 6-Apr-1998 - Times, 13 April 1998; [1998] EWCA Civ 645
 
Osaji-Umeaku v National Foundation for Teaching Entrepreneurship [1998] EWCA Civ 683
22 Apr 1998
CA
Millett LJ
Costs
Application by the plaintiff in the action, for a stay of execution of costs order pending his appeal
[ Bailii ]

 
 Penningtons (a Firm) v Brown; CA 30-Apr-1998 - [1998] EWCA Civ 750
 
Regina v Environment Agency and Redland Aggregates Limited ex parte Gibson [1998] EWHC Admin 501
8 May 1998
Admn

Costs

[ Bailii ]
 
Regina v Environment Agency and Redland Aggregates Limited ex parte Gibson [1998] EWHC Admin 502
8 May 1998
Admn

Costs

[ Bailii ]
 
Lubrizol Limited v Tyndallwoods Solicitors [1998] EWHC Admin 531
12 May 1998
Admn

Legal Professions, Costs

[ Bailii ]

 
 Pelling v Pelling (Costs: Taxation); CA 3-Jun-1998 - Gazette, 03 June 1998; [1998] 1 FLR 636

 
 Awad Awwad v Geraghty and Co; CA 5-Jun-1998 - [1998] EWCA Civ 912
 
Sarbjit Bajwa v British Airways Plc [1998] EWCA Civ 929
8 Jun 1998
CA

Costs

[ Bailii ]
 
James Dixon v Lancelot Guy Allgood [1998] EWCA Civ 968
11 Jun 1998
CA

Costs

[ Bailii ]
 
Svenska Journalistforbundet (Supported by Sweden, Denmark and Netherlands, Interveners) v Council of Europe (Supp France and Uk) Gazette, 09 September 1998; Times, 22 June 1998; T-174/95; [1998] EUECJ T-174/95
17 Jun 1998
ECFI

Costs, European
When European Council refused access to documents on grounds of public security a proper reason must be shown, and in its absence the decision was annulled. Wrongful publication of documents reflected in costs.
Council Decision 93/731/EC on Public Access to Council documents
[ Bailii ]
 
Regina v Eastbourne County Court ex parte Hallewell [1998] EWCA Civ 1057
22 Jun 1998
CA

Costs

[ Bailii ]
 
Altmann and others and Stott v Commission T-177/94
25 Jun 1998
ECFI

European, Costs
Taxation of costs.

 
In Re Minotaur Data Systems Ltd Times, 25 June 1998
25 Jun 1998
ChD

Costs
An Official Receiver acting without a solicitor in court proceedings did not fall within the definition of a litigant in person and was not entitled to costs and expenses on the basis of a litigant in person.
Litigants in Person (Costs and Expenses) Act 1975

 
Greenhoff v J Lyons and Company Ltd and Whittles (a Firm) [1998] EWCA Civ 1114
30 Jun 1998
CA

Costs

[ Bailii ]
 
Regina v London Borough of Tower Hamlets ex parte Banks [1998] EWHC Admin 729
9 Jul 1998
Admn
Howett J
Costs

[ Bailii ]
 
Swale Storage and Distribution Services Ltd v Sittingbourne Paper Company Ltd [1998] EWCA Civ 1292
24 Jul 1998
CA

Costs

[ Bailii ]
 
Swale Storage and Distribution Services Ltd v Sittingbourne Paper Co Ltd Times, 30 July 1998
30 Jul 1998
CA

Costs
Where there were in fact two claims, whether consolidated or not and different success for each claim, costs should follow each event, and be apportioned according to the time taken by each matter.
Rules of the Supreme Court Order 62 R 3(3)

 
Lettice Concordie Johnson and Eleanor Doreen Simmons v Dr T M John and Waltham Forest Health Authority [1998] EWCA Civ 1371
31 Jul 1998
CA

Professional Negligence, Costs

[ Bailii ]
 
Society of Lloyd's v Fraser and others [1998] EWCA Civ 1377
31 Jul 1998
CA

Costs

1 Cites

1 Citers

[ Bailii ]
 
Clegg v Hutson Poole (a Firm) [1998] EWCA Civ 1362
31 Jul 1998
CA

Costs, Legal Professions

[ Bailii ]
 
Turner Page Music v Torres Design Associates Ltd Times, 03 August 1998
3 Aug 1998
CA

Costs
A wasted costs order was intended to be a summary procedure and it was not appropriate to make one where the order would require detailed and lengthy investigations. Breach of solicitor's professional duty to client might also take the issue outside the wasted costs procedure.
Supreme Court Act 1981 51(6),(7)

 
Donne Mileham and Haddock v Thorogood [1998] EWCA Civ 1398
14 Aug 1998
CA

Costs

[ Bailii ]
 
Rainbow Estates Ltd v Tokenhold Limited and Herman Herskovic [1998] EWCA Civ 1412
26 Aug 1998
CA

Landlord and Tenant, Costs
The respondent had sought leave to appeal a judgment that it pay several tens of thousands of pounds and execute works costing as much again. It appealed an order requiring security for costs. Held: It was pre-eminently a case in which an order for security for costs was appropriate, but a Mareva injunction should be varied to release some funds for the purpose.
1 Cites

1 Citers

[ Bailii ]
 
Swale Storage and Distribution Services Ltd v Sittingbourne Paper Co Ltd Gazette, 09 September 1998
9 Sep 1998
CA

Costs
Where there were in fact two claims, whether consolidated or not and different success for each claim, costs should follow each event, and be apportioned according to the time taken by each matter.
Rules of the Supreme Court Order 62 R 3(3)

 
Taylor v Marshall's Food Group Times, 24 September 1998
24 Sep 1998
IHCS

Costs
A court rule was invalid which provided that a where a defender in a pecuniary claim failed to accept a pursuer's offer to settle for a particular sum, and the pursuer was awarded a larger claim, he was entitled to extra costs

 
Regina v Lewes Crown Court ex parte Unwin [1998] EWHC Admin 920
5 Oct 1998
Admn

Criminal Practice, Costs

[ Bailii ]
 
Bourns Inc v Raychem Corporation, Clifford Chance, Row and Maw, Latham and Watkins Times, 26 November 1998; [1999] FSR 641; [1999] 3 All ER 154
17 Oct 1998
PatC

Costs, Intellectual Property, Evidence
Where a party sought disclosure of documents in support an application in a costs taxation, the payee could choose not to disclose, but if he did so the payer was bound by implied undertakings to use them only for the purposes of that application and no other.
1 Cites

1 Citers



 
 Marks v Anderton; CA 26-Oct-1998 - [1998] EWCA Civ 1614
 
Jill Louise Butcher v Timothy Edward Wolfe and John Robert Wolfe Gazette, 18 November 1998; Gazette, 11 November 1998; Times, 09 November 1998; [1999] 2FCR 165; [1998] EWCA Civ 1648
30 Oct 1998
CA

Costs
The parties had been partners in a family farm. On dissolution there was a dispute as to apportionment of costs. An offer had been 'without prejudice save as to costs'. Held: Costs may be denied to a plaintiff who had received a Calderbank offer before proceedings but had refused to negotiate, even though she got more at trial. In matrimonial matters such an offer must be accompanied by full disclosure. An offer to settle made before an action and which was exceeded in the judgement for the plaintiff could still operate to deny the plaintiff costs where the court felt a reasonable plaintiff should have settled on that basis, or tried to negotiate.
1 Cites

1 Citers

[ Bailii ]
 
Zipporah Mainwaring and Robert Lisle v Goldtech Investments Ltd [1998] EWCA Civ 1653
30 Oct 1998
CA

Costs

1 Cites

[ Bailii ]
 
Estate of M Kingsley (Deceased) v Secretary of State for Transport and Cheshire County Council [1998] EWCA Civ 1676
4 Nov 1998
CA

Legal Professions, Costs

[ Bailii ]
 
William Copland Taylor v Marshalls Food Group (2) [1998] ScotCS 60
6 Nov 1998
OHCS
Lord Macfadyen
Scotland, Costs
The First Division held that section 5 had not authorised the Court to enact a Rule of Court that entitled a pursuer, who had lodged and beaten a "pursuer's offer", to payment of a sum equal to the taxed amount of the expenses of process. The Rule of Court was accordingly ultra vires of the Court.
Court of Session Act 1998 5
1 Citers

[ Bailii ] - [ ScotC ]
 
Pearless De Rougemont and Co v Pilbrow [1998] EWCA Civ 1717
6 Nov 1998
CA

Legal Professions, Costs

[ Bailii ]

 
 Appeal Under S 3(c) of Costs In Criminal Cases (General Amendment) Regulations of 1991 Against a Wasted Costs Order Re: Lakha and Boothby Wasted Costs Order 5/97; CACD 6-Nov-1998 - [1998] EWCA Crim 3148

 
 Regina v Merthyr Tydfil Crown Court, ex parte Chief Constable Dyfed Powys Police; QBD 9-Nov-1998 - COT, 9 November 1998

 
 Hughes v Kingston Upon Hull City Council; QBD 9-Nov-1998 - Gazette, 18 November 1998; Times, 09 December 1998; [1999] QB 1193; [1998] EWHC 343 (QB)
 
Yankwood Ltd v London Borough of Havering [1998] EWCA Civ 1764
12 Nov 1998
CA

Costs

[ Bailii ]
 
Mainwaring and Another v Goldtech Investments Ltd (No 2); Goldtech Investments Ltd v Mainwaring and Another Times, 16 November 1998
16 Nov 1998
CA

Costs
Where two parties were jointly and severally liable under a costs order but one party was discharged from liability because of a failure to serve a copy of the bill of costs, that discharge operated entirely for the other liable party also.

 
National Anti-Vivisection Society Ltd v Duddington Times, 23 November 1985
23 Nov 1998


Trusts, Costs
The trustee of the Society had actively defended a trust action but failed. He sought an indemnity for his costs. Held: He was not entitled to an indemnity for costs out of the trust assets. His acts had preferred one group of beneficiaries over another. A trustee's neutrality in a trust dispute was sacrosanct.
1 Citers


 
Bristol and West Plc v Bhadresa (No 2); Bristol and West Plc v Marehas (No 2) Times, 23 November 1998
23 Nov 1998
ChD

Costs
When an insurance fund supported an insured in a court action up to a point where they decided that dishonesty was involved on the part of the insured, they had not by that action made themselves liable to the plaintiff in costs.

 
Mainwaring and Another v Goldtech Investments Ltd (No 2); Goldtech Investments Ltd v Mainwaring and Another Gazette, 25 November 1998
25 Nov 1998
CA

Costs
Where two parties were jointly and severally liable under a costs order but one party was discharged from liability because of a failure to serve a copy of the bill of costs, that discharge operated entirely for the other liable party also.

 
Dragica Brick v Halifax Building Society [1998] EWCA Civ 1850
26 Nov 1998
CA

Costs

[ Bailii ]
 
Assari v Wilson [1998] EWCA Civ 1854
26 Nov 1998
CA
Lord Justice Peter Gibson, Lord Justice Waller
Costs
The plaintiff appealed an order for costs of a failed application to transfer the case to the High Court. Held: The application was always going to fail, and the additional reliefs obtained had not been resisted by the defendant. The judges award of costs was discretionary, and not to be set aside here.
[ Bailii ]
 
RTZ Pension Property Trust Ltd v ARC Property Developments Ltd and Asfa Limited Times, 26 November 1998; [1998] EWCA Civ 1638; [1998] EWCA Civ 1639; [1999] 1 All ER 532
26 Nov 1998
CA
Potter LJ
Costs
Where a plaintiff discontinued his action, but still sought costs from the defendant, he had to show some misconduct by the defendant, such as encouraging the action by concealment of a defence. A mere late amendment causing no loss was not enough.
Potter LJ said: "I approach this case on the basis that, where discontinuance occurs in circumstances tantamount to an acknowledgement of defeat, then the normal rule as to costs, namely that the defendant is entitled to an order for his costs of the action, should apply unless good reason can be shown to the contrary. The nature of that good reason will vary according to the form of order which the plaintiff seeks. The alternative forms are of course ´no order as to costs' or, more rarely, an order that the defendant pay the plaintiff's costs in respect of a particular issue or issues, or a particular period of time, in respect of which costs have been wasted or unnecessarily incurred as a result of the defendant's conduct of the proceedings."
1 Cites

1 Citers

[ Bailii ] - [ Bailii ]
 
University of Nottingham v Eyett and Another (No 2) Times, 03 December 1998; [1999] 1 WLR 594
3 Dec 1998
ChD

Financial Services, Costs
The Pensions' Ombudsman having had a decision overturned on appeal and having entered appearance at the appeal was liable in costs only to the extent that his intervention had increased the costs.
1 Citers


 
Toniello v Top Deck Ski Ltd Times, 07 December 1998
7 Dec 1998
CA

Costs
Where a delay in submitting a bill for taxation was substantially caused by delay to allow for negotiations, it was wrong to refuse leave to extend time to file bill depriving that party of all costs when a lesser penalty was both possible and appropriate.

 
Ulster Bank Ltd v Fisher and Fisher [1999] NI 68; [1998] NICh 7
21 Dec 1998
ChNI
Girvan J
Northern Ireland, Legal Professions, Costs

1 Cites

[ Bailii ]
 
Hobin v Douglas Times, 29 December 1998; Gazette, 27 January 1999
29 Dec 1998
CA

Costs
A defendant wishing to dispute causation and preserve appeal, but nevertheless to seek to agree a level of damages, may make an offer to attempt to agree damages which offer could be considered when finally assessing costs. Payment in not appropriate.

 
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