KA-2023-000225 - [2025] EWHC 2112 (KB)

As the Appellant points out, the issue of the request not being formally before the Judge at the hearing below was addressed in my Judgment. The Respondent took no point about any procedural failing before the Judge (a matter the Judge commented on). The omission of the request from the bundle for the appeal was rectified and did not, in my view, cause such prejudice or alteration to the appeal as to justify departing from the fundamental principle that costs follow the event where an appeal has been allowed. I am unable to accept the Respondent’s contention that the Appellant’s conduct, in itself, warrants an order for “no costs” or a reduction of the magnitude suggested (rather than a more modest adjustment to individual items in the cost schedule – see further below). The Appellant succeeded on the appeal and is entitled to its costs.