The court confirmed the rule in Jeffkins and added that ‘the costs payable to the defendant should be paid on the common fund basis ‘since the obtaining of the order is something in the nature of a luxury to the plaintiff for which he ought to pay.’
Judges:
Goff J
Citations:
[1968] Ch 491
Jurisdiction:
England and Wales
Citing:
Confirmed – Re Jeffkins Indentures 1965
‘a plaintiff seeking a declaration that restrictive covenants do not affect his property is expected to pay his own costs. He is also expected to pay the costs of any defendants who enter an appearance down to the point in proceedings at which they . .
Cited by:
Cited – University of East London Higher Education Corporation v London Borough of Barking and Dagenham and others ChD 14-Dec-2004
The parties had litigated the sale of land free of restrictive covenants.
Held: The rule that a party was entilted to its costs of defending an action under the Act for the discharge of a covenant at least as far as was necessary for it to . .
Lists of cited by and citing cases may be incomplete.
Costs, Land
Updated: 24 November 2022; Ref: scu.220712