Medtia v Hamid & Anor [2004] EWCA Civ 666 (21 May 2004)

Medtia v Hamid & Anor [2004] EWCA Civ 666 (21 May 2004)

The stay of enforcement of costs in favour of the second defendant should be lifted, and the second defendant is entitled to costs for attending the hearing, but only in a reasonable amount reflecting actual attendance and expenses, not the full amount claimed.

Citation
[2004] EWCA Civ 666
Parties
Claimant/appellant: Ajitsingh Medtia; First Defendant/respondent: Muneer Hamid; Second Defendant: Richard Clare
Jurisdiction
England and Wales
Judgment Date
21 May 2004
Procedural Posture
Civil Appeal / Appeal Against County Court Decision; Preliminary Costs Issue Decided
Outcome
Stay lifted; costs awarded to second defendant
Legal Topics
Costs, Stay of Execution, Litigant in Person
Civil Procedure Costs Stay of Execution Litigant in Person

Case Brief

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Parties

Ajitsingh Medtia

Claimant/appellant

Muneer Hamid

First Defendant/respondent

Richard Clare

Second Defendant

Procedural Posture

Civil Appeal / Appeal Against County Court Decision; Preliminary Costs Issue Decided

Legal Issues

  1. 1 Whether the stay of enforcement of costs in favour of the second defendant should continue
  2. 2 Whether the second defendant is entitled to costs for attending the appeal hearing

Ratio Decidendi

The stay of enforcement of costs in favour of the second defendant should be lifted, and the second defendant is entitled to costs for attending the hearing, but only in a reasonable amount reflecting actual attendance and expenses, not the full amount claimed.

Court Disposition

Stay lifted; costs awarded to second defendant

Orders

  • Stay of enforcement of costs no longer stands
  • Claimant to pay £350 to second defendant for today's costs, including rail fare