Chedington Events Limited v Nihal Mohammed Kamal Brake & Anor
[2023] EWHC 2804 (Ch)
Chedington Events Limited v Nihal Mohammed Kamal Brake & Anor (Quantum trial consequential orders)
8 January 2024
[2024] EWHC 11 (Ch)
High Court
Someone trespassed on someone else's land. The court already said they had to leave and pay. Now, the court decided how much they owe, including extra money for waiting so long and their lawyer's fees. Because the trespassers were difficult and didn't try to settle things nicely, they have to pay even more for the other person's lawyer.
Key Facts
- •Trespass claim against Nihal and Andrew Brake for possession of West Axnoller Farm.
- •Liability established in [2022] EWHC 365 (Ch), with mesne profits awarded.
- •Quantum of damages trial concluded in [2023] EWHC 2804 (Ch), resulting in damages of £236,818.27.
- •Claimant seeks discharge of interim payment order (£225,000), replacement with damages award plus interest, costs on indemnity basis, and payment on account.
- •Defendants intend to appeal the quantum decision and seek their own costs.
- •Defendants seek a stay of payment due to pending appeal and success in related 'Cottage Eviction' proceedings.
- •Several procedural delays and disputes regarding deadlines, evidence, and settlement offers.
Legal Principles
Court's power to vary or discharge interim payment orders.
CPR rule 25.8, PD 25B and PD 40B
Appeals do not automatically stay execution; discretion to grant a stay depends on risk of injustice.
Hammond Suddards v Agrichem International Holdings Ltd [2001] EWCA Civ 2065
General rule on costs: unsuccessful party pays; court discretion to vary.
Senior Courts Act 1981, section 51(1); CPR rule 44.2
Factors influencing costs decisions: conduct of parties, settlement offers.
CPR rule 44.2(4)
Indemnity costs: proportionality does not apply; benefit of doubt to receiving party.
CPR rules 44.3(1), (3)
Summary assessment of costs vs. detailed assessment.
CPR PD 44 para 9
Payment on account of costs; impecuniosity not a bar.
Bank St Petersburg PJSC v Arkhangelsky [2018] EWHC 2817 (Ch)
Outcomes
Interim payment order discharged and replaced with order for payment of £236,818.27 damages.
More efficient and less complicated than maintaining separate payment obligations.
Stay of payment refused.
Insufficient evidence of irremediable harm; 'success' in Cottage Eviction proceedings not conclusive.
Claimant awarded interest on damages at rates previously determined.
Rates justified in previous judgment; defendants' arguments rejected.
Claimant awarded costs on the indemnity basis.
Defendants' conduct increased costs; reliance on tactical offers; multiple procedural failures.
Detailed assessment of costs ordered; payment on account of £140,000.
Case lasted several days, necessitating detailed assessment; payment on account appropriate despite defendants' claims of impecuniosity.