Source: All England Reporter
Publisher Citation: [2010] All ER (D) 25 (May)
Neutral Citation: [2010] EWCA Civ 463
Court: Court of Appeal, Civil Division
Judge:

Arden, Patten and Briggs LJJ

Representation Robin Hollington QC (instructed by Withers LLP) for the claimant.
  Daniel Lightman (instructed by Burnetts) for S.
  The other defendants did not appear and were not represented.
Judgment Dates: 5 May 2010

Catchwords

Costs - Order for costs - Practice - Compromise of action - Claimant seeking injunction restraining first defendant from disposing of land - Resolution approving sale passed - Sale not proceeding - Claimant relisting application for leave to continue proceedings - Parties unable to reach agreement as to which party should bear costs of action - Parties seeking approval of Tomlin order - Judge making order for costs - Whether judge erring in making order.

The Case

Costs Order for costs. In an appeal concerned with an order for costs in a derivative action that had been compromised, the Court of Appeal, Civil Division, exercised its discretion afresh as to two categories of costs in the instant case.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.