12KBW barrister in Court of Appeal case on costs
In Allison v Brighton & Hove City Council, Lawtel 22/4/05, the Appellant appealed against a decision that the Respondent should pay only 25% of the Appellant’s costs up to the date of a payment into court. The Appellant had brought an action for damages in negligence and nuisance for water damage to his property. The sum claimed was in the region of £43,000. A Part 36 payment had been made by the Respondent in the sum of £7,500. At trial the Appellant recovered around £4,000.
The Appellant appealed on the grounds that liability had been admitted very late in the proceedings, and that the judge had failed to give reasons for departing from the ‘usual order’ in circumstances where a Part 36 offer had been beaten.
The appeal was dismissed. It was held that, although liability had not been admitted by the Respondents until very late in the proceedings, quantum and causation had remained at issue throughout. It was true that the judge had not given detailed reasons when he made his order. However, it was clear from the preceding exchanges between the judge and the parties that he had all the relevant arguments in mind. The judge had taken all the relevant circumstances into account and his discretionary decision was not outside the bounds of reasonableness.
"'Extremely clever' Stephen Worthington is admired for his staunch advocacy and is considered by some solicitors, "one of the best juniors around." (Chambers and Partners Guide)
