Mahood & Anor v Penrose & Anor [2001] EWCA Civ 631 (27 April 2001)
The application for permission to appeal is adjourned pending further information on the calculation of the costs awarded, as the court is unable to reconcile the figures presented with the amount ordered without further documentation and explanation.
- Citation
- [2001] EWCA Civ 631
- Parties
- Claimant/applicant: Maya Alva Mahood; Claimant/applicant: Ziauddin Mahmood; Defendant/respondent: Rebecca Penrose; Defendant/respondent: Oliver Penrose; Defendant/respondent: Stephen Quay
- Jurisdiction
- England and Wales
- Judgment Date
- 27 April 2001
- Procedural Posture
- Civil Appeal / Application for Permission to Appeal Costs Order
- Outcome
- Application for permission to appeal adjourned
- Legal Topics
- Costs, Adjournment, Summary Assessment, Detailed Assessment
Case Brief
Summary, issues, holding and outcome
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Parties
Maya Alva Mahood
Claimant/applicant
Ziauddin Mahmood
Claimant/applicant
Rebecca Penrose
Defendant/respondent
Oliver Penrose
Defendant/respondent
Stephen Quay
Defendant/respondent
Procedural Posture
Civil Appeal / Application for Permission to Appeal Costs Order
Legal Issues
- 1 Whether the summary assessment of costs by the trial judge was correct
- 2 Whether the amount of costs awarded was justified by the evidence
- 3 Whether a detailed assessment should have been ordered instead of summary assessment
Ratio Decidendi
The application for permission to appeal is adjourned pending further information on the calculation of the costs awarded, as the court is unable to reconcile the figures presented with the amount ordered without further documentation and explanation.
Court Disposition
Application for permission to appeal adjourned
Orders
- Court office to write to respondents and their counsel for explanation and documentation regarding the costs figure within 14 days; claimants to have 14 days to respond after receipt; matter to be disposed of on paper or relisted for oral hearing as appropriate.
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