Miah Ibar Lone v Michael Andreas Petrou
[2024] EWHC 153 (KB)
Amir Khodaparast v Peter Mark Arnstein
13 July 2023
[2023] EWHC 1782 (KB)
High Court
One business partner sued another. The judge ordered the losing partner to pay costs. The losing partner tried to appeal, but the appeal court said there was no good reason to overturn the judge's decision because the losing partner hadn't proven the judge was wrong.
Key Facts
- •Mr. Arnstein and Mr. Khodaparast co-founded Coplexia Collaborative, an LLP.
- •Mr. Arnstein sued Coplexia for breach of contract.
- •Coplexia's defense and counterclaim were struck out.
- •Mr. Khodaparast was added as a defendant for costs.
- •HHJ Monty KC ordered Mr. Khodaparast to pay costs.
- •Mr. Khodaparast appealed the costs order.
- •Mr. Khodaparast represented himself throughout the proceedings.
Legal Principles
Principles governing costs orders.
HHJ Monty KC's judgment (paras 19-24)
Standard for granting permission to appeal.
Implicit in the judge's decision-making process.
Outcomes
Permission to appeal refused.
Mr. Khodaparast failed to identify any arguable ground of appeal; the judge's decision was not demonstrably 'wrong'. The appeal court's role is not to re-hear arguments, but to assess whether the lower court applied the wrong test, made an impermissible factual finding, or reached an otherwise flawed evaluative judgment.