Intersar Al-Balhaa & Anor v RMG Residential Management Group Ltd
[2024] EWHC 229 (KB)
Daniel McAteer v Hat & Mitre (in liquidation) & Ors
5 July 2024
[2024] EWHC 1746 (Ch)
High Court
Someone lost an appeal and had to pay the winner's legal fees. They tried to get a discount because they won one small part of the case, but the judge said no. The loser has to pay £20,000 towards the winner's legal bills first, and a judge will decide later if that's the final amount.
Key Facts
- •Appeal against the decision of ICC Judge Jones in case CR-2022-000092.
- •Appellant, Daniel McAteer, challenged the decision, arguing he was a contributory.
- •Respondents were the Joint Liquidators of Hat & Mitre Plc.
- •The appeal was dismissed.
- •Dispute over costs followed the dismissal of the appeal.
- •Appellant argued for a 66% reduction in costs due to winning on one issue.
- •Respondents sought full costs.
- •The court ordered a payment on account of £20,000.
Legal Principles
Costs generally follow the event in successful appeals.
Implicit in the court's approach.
Not all successful points in an appeal justify a reduction in costs.
Established authority (not specified in judgment).
A party's conduct in litigation, including attempts to avoid it, can affect the incidence of costs.
Implicit in the court's reasoning.
Outcomes
Appeal dismissed.
The court found no merit in the appellant's arguments.
Respondents awarded full costs.
The appellant's arguments for a cost reduction were not persuasive due to lack of evidence and the relatively minor nature of the point won.
Payment on account of £20,000 ordered.
Concerns about the overall level of costs claimed; Specific cost items flagged for scrutiny by a costs judge.
Similar Cases
Philip John Mainwaring v Susan Claire Bailey (Costs)
[2024] EWHC 2614 (Fam)
Anthony James Broom v Maria Del Pilar Molina Aguilar (Costs)
[2024] EWHC 1961 (Ch)
Miah Ibar Lone v Michael Andreas Petrou
[2024] EWHC 153 (KB)
Suzanne Merrills v Secretary of State for Levelling Up, Housing and Communities
[2024] EWHC 1788 (Admin)