B2/2002/1040
Neutral Citation Number: [2004] EWCA Civ 626
IN THE SUPREME COURT OF JUDICATURE
IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM LINCOLN COUNTY COURT
(MR RECORDER MAW)
Royal Courts of Justice
Strand
London, WC2
Friday, 7 May 2004
B E F O R E:
LORD JUSTICE LATHAM
LADY JUSTICE ARDEN
MR JUSTICE HOLMAN
- - - - - - -
TIMOTHY WILTSHIRE
Appellant/Claimant
-v-
MICHAEL POWELL
(2) PAUL ETHERINGTON
(3) DEREK HEAPY
(4) PETER STOREY
Respondents/Defendants
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- - - - - - -
MR THOMAS KEITH (for the Bar Pro Bono Unit, assisted by Freshfields Bruckhaus Deringer) appeared on behalf of the Appellant
MR JEREMY JANES (instructed by Jones & Co., Nottingham) appeared on behalf of the 2nd, 3rd and 4th Respondents
- - - - - - -
COSTS JUDGMENT
1. LORD JUSTICE LATHAM: The unsuccessful appellant resists the application by the second, third and fourth respondents for their costs on the basis that they could be said to have stood by whilst the original action proceeded without taking part or asking to take part and that accordingly in reality the only successful party today is Mr Powell.
2. In our judgment that overlooks one of the major aspects of our judgments which was that it was essentially Mr Wiltshire's own action in failing to bring before the court all the relevant parties on the first occasion that gave rise to the second action and in those circumstances we do not consider that the complaint made against the second, third and fourth respondents is one which justifies any other order than the usual order for costs on an unsuccessful appeal.
3. So far as the application for leave to appeal to the House of Lords is concerned, we refuse that application. If their Lordships consider it is a matter that interests them then Mr Keith may find greater success there.