Toni & Guy (South) v LB Hammersmith & Fulham
11 February 2009
 EWHC 352 (Admin)
An appeal to the Administrative Court from the magistrates' court succeeded on a point which had not been argued below and which did not appear in the case stated (a draft of which had, in the usual way, been settled by the appellants). None of the issues identified in the case stated appealed to the High Court Judge. The ground on which the appeal was allowed only surfaced in a skeleton argument served some time before the hearing. The appeal was allowed on that ground and the Judge gave a strong suggestion that the costs of the appeal be dealt with by written submissions. In fact the appellants insisted on an oral hearing.
(1) It would be reasonable to order the respondents to pay the costs of the appeal from the date on which they were on notice of the point on which the appeal succeeded, viz when they received the skeleton argument.
(2) Costs prior to that date should be paid by the appellant.
(3) There was no good reason to insist on an oral argument about costs and, in those circumstances, the appellants should pay the respondent's costs of the costs hearing.