Cases

Gazley v News Group Newspapers Ltd

Held

Dismissing the Appeal (1) under CPR 52.11 the Court's role was one of review. Where the decision appealed is an exercise of discretion or an evaluation of evidence, the Appeal Court's role is limited to considering whether the lower court had applied the right test, considered all relevant information and excluded all irrelevant considerations. Without showing an error of approach, it was only where the decision was plainly wrong or "exceeded the generous ambit within which reasonable disagreement is possible" that an Appeal Court would interfere; (2) the Costs Judge had not been misled by the Defendants' evidence; (3) the Costs Judge had fully considered the Wraith factors. Although the Appeal Court did not agree with his assessment of some of the individual factors, overall his decision was not one that could be described as wrong (plainly or otherwise).

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