|Source:||All England Reporter|
|Publisher Citation:|| All ER (D) 129 (Oct)|
|Court:||Court of Appeal, Civil Division|
Tuckey and Longmore LJJ
|Representation||Roger Bartlett (instructed by Shah & Burke) for the claimant.|
|Mark Sefton (instructed by Clarks, Reading) for the defendant.|
|Judgment Dates:||10 October 2002|
Costs - Order for costs - Discretion - Successful claimant - No order as to costs - Car subject to hire-purchase agreement - Claimant purchasing car from rogue - Defendant hire-purchase company contending claimant not having good title to car - Judge holding claimant failing to have suspicions aroused in a situation where an ordinary citizen would have - Claimant establishing good title to car - Judge making no order as to costs on basis that claimant's failure to have suspicions aroused had rendered proceedings necessary - Whether judge correct.