Nigel Giffin QC and Christopher Knight (instructed by Head of Legal Services, Tower Hamlets London Borough Council ) for the claimant; Timothy Straker QC and Dilpreet Dhanoa (instructed by Trowers & Hamlins LLP ) for the defendant.
On 8 July 2015 Norris J held that the title to a Henry Moore sculpture known as “Draped Seated Woman” rested with the claimant local authority and that it was entitled to sell the sculpture to fund local services: see [2015] EWHC 1954 (Ch); [2015] CN 1223. The claimant applied for its costs in the action and the defendant local authority applied for permission to appeal.
Granting the claimant’s application, the general rule under CPR r 44.2(2) applied and the claimant was entitled to recover the whole of its costs. Refusing the defendant’s application, an appeal would not have a reasonable prospect of success.