Wills & Ors v Crown Estate Commissioners & Ors [2003] EWHC 1952 (Ch)

Case No CH/2003/PTA/0091[2003] EWHC 1952 (Ch)
IN THE HIGH COURT OF JUSTICE
CHANCERY DIVISION
ON APPEAL FROM THE SUPREME COURT COSTS OFFICE
Venue Royal Courts of Justice, Strand, London, WC2A 2LLDate 30 th July 2003
Before
THE HONOURABLE MR JUSTICE PETER SMITHSITTING WITH ASSESSORS:COST JUDGE CAMPBELLMR MICHAEL HOWELLS
Between
Robin Lionel Wills (2) John Keith Wykeham Marr (3) Eileen Patricia Marr (4) Roderick Alistair Burden (5) Wolsley House Flats Limited Respondents/Applicants (in the original action)- and -(1) The Crown Estate Commissioners (2) George Dennis Barrett (3) Susan Jane Barrett (4) Paul Walker Appellants/Respondents (in the original action)
Mr David Schmitz (instructed by Avery Clifford) for AppellantsMr Andrew Post (instructed by Charles Russell) for RespondentsHearing Hearing dates: 7 th July 2003
Judgment

JUDGMENT ON COSTS

[1]This judgment on costs arises out of paragraph 39 of my judgment of 14th July when I indicated that the appellant had won on the interest point but lost on the discretion point.[2]I indicated in that paragraph that I thought the appeal was disproportionate and that too much time and costs had been expended by both sides arguing over very modest sums.[3]I indicated that I would make a costs determination on written representations to save costs but I did not encourage it and intimated that my provisional view was that both sides had won something and lost something so that I would make no order for costs on the appeal.[4]Despite my discouraging remarks both sides have submitted further detailed written submissions setting out why they should each have the costs of the appeal[5]I have carefully considered the submissions but am firmly of the view for the reasons set out above and in the earlier judgment that the proper order to make should be no order as to costs and that is the order I make in respect of the appeal costs