City of Westminster v Man

Where a respondent concedes an appeal, the ordinary costs consequence is an order that the respondent pay the appellant’s costs in the appellate court and below. A respondent seeking to depart from that consequence must show a very good reason. A request for details of the appellant’s costs is not, without more, an appropriate reason for resisting costs. The proper course is to consent to the appeal being allowed with costs, leaving the appellant to explain any objection if necessary.

The applicant appealed against an order of HHJ Crawford Lindsay QC dismissing his appeal from an order of District Judge Taylor. The district judge had ordered him to pay £1,000 in costs previously ordered on 22 May 2004. Permission to appeal to the Court of Appeal was limited to whether that sum had been compromised by the terms of a Tomlin Order staying further proceedings.

The respondents decided not to oppose the appeal. They nevertheless resisted paying the applicant’s costs in the Court of Appeal and below, relying on his failure to provide details of his own costs and contending that a hearing had been required because of his conduct. The issue before the court therefore included the appropriate costs order following the respondents’ concession.

1. Appeal allowed by consent. The earlier orders as to costs were set aside.
2. Once the respondents had conceded the appeal, they had to show a very good reason why the ordinary order for costs should not be made against them. Their request that the applicant provide details of his costs did not constitute such a reason.
3. The appropriate procedure would have been for the respondents to apply for an order allowing the appeal with costs against them. The applicant could have accepted that course. If he had not, he would have had to explain why it should not be adopted.
4. The respondents’ conduct had caused the need for an open-court hearing before three members of the court. The respondents were therefore directed to pay the costs of the appeal and of the hearings below.

• Court of Appeal (Civil Division): appeal allowed by consent; the earlier costs orders were set aside and the respondents were ordered to pay the costs of the appeal and the hearings below.
• Central London Civil Justice Centre: HHJ Crawford Lindsay QC dismissed the applicant’s appeal from the order of District Judge Taylor.