Lewis (as Executrix of the Estate of Blackwell (Deceased)) v Warner
| Jurisdiction | England & Wales |
| Judge | Mr Justice Newey |
| Judgment Date | 18 July 2016 |
| Neutral Citation | [2016] EWHC 1787 (Ch) |
| Date | 18 July 2016 |
| Court | Chancery Division |
| Docket Number | Case No: CC/0B5040 |
2016 EWHC 1787 (Ch)
IN THE HIGH COURT OF JUSTICE
CHANCERY DIVISION
The Rolls Building
7 Rolls Buildings
Fetter Lane
London EC4A 1NL
Mr Justice Newey
Case No: CC/0B5040
Mr B Weatherill QC (instructed by Tierney & Co) appeared on behalf of the Appellant
Mr R Evans (instructed by Moore Brown & Dixon LLP) appeared on behalf of the Respondent
(As Approved)
I now have to deal with the remaining aspects of this appeal, namely the appeal against the costs order that the Recorder made. That order, which is to be found in paragraph 2 of the Recorder's order, was in these terms:
"Mrs Lewis shall pay Mr Warner's costs of this action from 30 June 2015 on the standard basis, to be the subject of detailed assessment if not agreed, save that Mr Warner shall recover only half of his costs occasioned by the hearing of 11 November 2015."
The Recorder did not therefore order Mrs Lewis to pay all of Mr Warner's costs for the proceedings. She was to pay his costs only from 30 June. That date derives from an offer which Mr Warner made through his solicitors on 5 June. The Recorder explained the basis on which he made the order he did, in a supplemental judgment dated 16 November. As the Recorder explained, it had been submitted to him that offers made on behalf of Mrs Lewis were at least as advantageous as the order that Mr Warner ultimately obtained. The Recorder rejected that submission, saying this in paragraph 7 of his judgment:
"I am unable to accept that offers containing such terms can be said to be at least as advantageous as that obtained in the judgment, which enables Mr Warner to purchase the property outright and to live there rent-free until he does so. He can have his son to live with him, make conversions for disabled use if necessary, and leave it to whoever he wishes. None of the offers made by Mrs Lewis enabled him to do that."
Mr Weatherill takes issue with that view, advancing before me, as he did before the Recorder, the proposition that offers made on Mrs Lewis's...
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