Tanka Thakali & Ors v Navin Kumar Gauchan & Anor
[2023] EWHC 3032 (SCCO)
Alamantas Ruzge & Anor v Taimour Asghar (Costs)
23 January 2024
[2024] EWHC 78 (KB)
High Court
An appeal was partly won. Even though not all claims were successful, the winners got most of their legal costs paid because they won on the important points and made a good offer the other side should have accepted. The judge decided to reduce the payment a bit to reflect the losses but overall awarded them £18,452.50.
Key Facts
- •Appeal from Peterborough County Court decision of 17 June 2022.
- •Seven grounds of appeal, five pursued.
- •Appeal partially allowed (grounds iii and vii succeeded).
- •Claimants' Part 36 offer improved upon.
- •Disputes over costs order following partial success on appeal.
Legal Principles
CPR Part 44.2 (2)(a): Unsuccessful party generally pays successful party's costs.
CPR Part 44.2 (2)(a)
Part 36 Offers: Improving on a Part 36 offer can result in indemnity costs.
CPR Part 36
Outcomes
Claimants awarded costs of the appeal.
Claimants deemed successful party despite not succeeding on all grounds. Part 36 offer success and failure on the most substantial grounds were considered.
Costs awarded on standard basis with a 20% deduction reflecting failure on some grounds.
Balance struck between claimants' partial success and failure on other grounds, considering the importance and impact of each ground.
Indemnity costs awarded for ground (vii) from 10 October 2022.
Claimants successfully improved upon their Part 36 offer.
Total costs awarded: £18,452.50 (including VAT).
Calculation after considering various challenges to the Claimants' bill of costs and applying the 20% deduction and indemnity cost considerations.
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