Source: All England Reporter
Publisher Citation: [2002] 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.

The Case

It was not proper to disallow costs on the grounds of anterior misconduct, which might have been part of a transaction that had given rise to litigation but was not part of the proceedings themselves.

Practice Areas

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