Partridge & Ors v Lawrence & Ors

In determining costs, the court may consider the parties’ conduct and the reasonableness of their behaviour. An early reasonable offer which accords with the eventual outcome is a significant consideration, particularly where the offering party succeeds on the principal issue. A late mediation offer does not necessarily alter the costs order. The successful defendants were therefore awarded the preponderance of their costs.

The Court of Appeal, sitting on appeal from Bristol County Court before Mr Recorder Barnes, was asked to determine responsibility for the costs of the litigation. The defendants had made an early offer corresponding with the eventual decision that the field access was 5.5 metres wide. The claimants later offered mediation on 24 June 2003. The central issue was the appropriate allocation of costs in light of the parties’ conduct, the defendants’ success on the main issue, and their earlier offer.

1. Relevant considerations. In awarding costs, the court was entitled to consider the conduct of the parties and how reasonably they had behaved.
2. Defendants’ early offer. The defendants had made a comparatively early and reasonable offer which conformed with the outcome of the litigation. Acceptance would have ended the litigation, including the issue concerning the pre-conditions.
3. Relative success. The defendants had succeeded on the important and main issue, namely the width of the field access, which was 5.5 metres.
4. Late mediation offer. The claimants’ late offer of mediation did not materially affect the costs assessment. Their wish to involve solicitors who had previously acted for them did not alter the position between the claimants and defendants.
5. Order. The defendants were awarded the preponderance of their costs. The claimants were ordered to pay 85 per cent of the defendants’ costs, both in the Court of Appeal and below.

• Court of Appeal (Civil Division): In [2003] EWCA Civ 1122, the court determined the costs of the litigation and ordered the claimants to pay 85 per cent of the defendants’ costs here and below.
• Bristol County Court: The underlying proceedings were heard before Mr Recorder Barnes. No separate citation or costs order is stated in the judgment.