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Court of Appeal vacates High Court costs order in respect of the respondent’s motion for non-compliance with directions, and makes no order as to costs in respect of an appeal in which the appellants were entirely successful in reversing an order dismissing their claim for want of prosecution, on the grounds that: (1) the court was not satisfied that the exceptionality in this case met the threshold to depart from the normal ‘costs follow’ rule; and (2) this is a proportionate exercise of the court's discretion.
Liability of costs – costs of legal proceedings – costs arising from an appeal - s. 169 of the Legal Services Regulation Act, 2015 – costs to follow the event – no order as to costs.
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