Taylor v High Sean Blaquiere

This Court held that costs in an appeal will ordinarily follow the event even where an appellant succeeds on a discrete issue.

The court confirmed that procedural rules encourage courts to consider costs orders reflecting success on issues, but that exercise remains a matter of judicial discretion.

The appeal arose from a decision of the Central London County Court (Mr Recorder Hamlin). Both parties were unrepresented and did not attend the hearing in this Court. The appellant succeeded on one discrete issue but lost the appeal overall. The court was asked to resolve two collateral matters without further attendance: (1) the proper order for costs of the appeal and (2) permission to appeal to the House of Lords. The central question for this Court was how costs should be apportioned in light of partial success and whether permission to proceed to the House of Lords should be granted.

1. Disposition: The appeal is dismissed. Costs of the appeal are to be paid by the appellant and will be subject to detailed assessment.
2. Costs reasoning: The court noted that under the CPR a court is encouraged to consider orders that reflect success on particular issues. However, the exercise of discretion remained for this court. Although the appellant succeeded on one issue, the appeal involved a single substantive issue advanced on two legal bases. The court concluded that costs should follow the event in this Court and that the County Court judge's order as to costs should stand in respect of the earlier proceedings.
3. Permission to appeal: Permission to appeal to the House of Lords (now Supreme Court) is refused. The court recognised the importance of the legal issue but declined to grant leave.
4. Practical outcome: The appeal is dismissed with costs to be paid by the appellant. There will be a detailed assessment. The application for permission to appeal to the House of Lords is refused.

• Central London County Court (Mr Recorder Hamlin): first instance decision appealed to this Court.
• Court of Appeal (Civil Division): appeal dismissed; costs ordered against the appellant; permission to appeal to the House of Lords refused.