Aujla v Sanghera [2004] EWCA Civ 122 (23 January 2004)

Aujla v Sanghera [2004] EWCA Civ 122 (23 January 2004)

The recorder's order as to costs was based on an incorrect premise that there was no true winner; since Mr Sanghera was the winner, costs should follow the event and the claimant should have his costs of the action before the recorder.

Citation
[2004] EWCA Civ 122
Parties
Respondent/claimant: Harcharan Singh Aujla; Appellant/defendant: Gurmej Singh Sanghera
Jurisdiction
England and Wales
Judgment Date
23 January 2004
Procedural Posture
Civil Appeal / Appeal From County Court Judgment on Costs
Outcome
Appeal allowed
Legal Topics
Costs, Credibility of Witnesses, Discretion in Costs Orders
Civil Procedure Costs Credibility of Witnesses Discretion in Costs Orders

Case Brief

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Parties

Harcharan Singh Aujla

Respondent/claimant

Gurmej Singh Sanghera

Appellant/defendant

Procedural Posture

Civil Appeal / Appeal From County Court Judgment on Costs

Legal Issues

  1. 1 Whether the recorder's order as to costs should be set aside
  2. 2 Whether costs should follow the event despite findings on credibility

Ratio Decidendi

The recorder's order as to costs was based on an incorrect premise that there was no true winner; since Mr Sanghera was the winner, costs should follow the event and the claimant should have his costs of the action before the recorder.

Court Disposition

Appeal allowed

Orders

  • Recorder's order as to costs set aside
  • Claimant to have his costs of the action before the recorder