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	England and Wales Court of Appeal (Civil Division) Decisions
You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Bennett v Customs & Excise [2001] EWCA Civ 1727 (7 November 2001) URL: http://www.bailii.org/ew/cases/EWCA/Civ/2001/1727.html Cite as: [2001] EWCA Civ 1727

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IN THE SUPREME COURT OF JUDICATURE
IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE CHANCERY DIVISION
(MR JUSTICE PATTEN)

		Royal Courts of Justice Strand London WC2 Wednesday 7 November 2001

1. LORD PHILLIPS, MR: Mr Bennett came to this court to seek permission to appeal and then to pursue an appeal in proceedings which, Mr Parker for the respondent suggests, were satellite proceedings without any merit at all. These proceedings have become moot because of a concession made by the Commissioners of Customs and Excise. We are faced with the issue of the just order to make in relation to costs.
2. £6,000 costs had been awarded against the applicant below which, if they were the only costs involved, should not justly be paid by the applicant in the circumstances of this case. But, in the absence of agreement, that order for costs cannot be disturbed. But, we have to take into account the fact that the order has been made. Ideally we would like to be able to predict with confidence what the outcome of what has been described as satellite litigation should be, but that would involve the very hearing which has become moot.
3. In those circumstances, we have concluded that the just order is that the applicant should have the costs of this hearing which has become unnecessary because of the concession made by the respondent.
4. LORD JUSTICE MUMMERY: I agree.
5. LORD JUSTICE TUCKEY: So do I.