Bayat & Ors v Cecil & Ors [2011] EWCA Civ 523 (11 May 2011)

Bayat & Ors v Cecil & Ors [2011] EWCA Civ 523 (11 May 2011)

Appellants, being successful on appeal, are entitled to their costs of the appeal and, save as otherwise ordered, of the claim below. Respondents to pay one third of Appellants' costs up to a specified date below, reflecting overall failure. Repayment of sums paid under previous order with interest is ordered.

Citation
[2011] EWCA Civ 523
Parties
Defendant/appellant: Ehsanollah Bayat; Defendant/appellant: Telephone Systems International Inc.; Defendant/appellant: Afghan Wireless Communications Company; Defendant/appellant: Mark Warner; Claimant/respondent: Lord Michael Cecil; Claimant/respondent: Stuart Bentham; Claimant/respondent: Alexander Grinling; Claimant/respondent: Joakim Lehmkuhl
Jurisdiction
England and Wales
Judgment Date
11 May 2011
Procedural Posture
Appeal (civil) / Costs Judgment Following Substantive Appeal
Outcome
Appellants awarded costs of appeal and, save as otherwise set out, of the claim; Respondents to pay one third of Appellants' costs below to a specified date; Respondents to repay £375,000 plus interest; interim payments ordered.
Legal Topics
Costs, Appeal, Assessment of Costs, Interest on Costs
Civil Procedure Costs Appeal Assessment of Costs Interest on Costs

Case Brief

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Parties

Ehsanollah Bayat

Defendant/appellant

Telephone Systems International Inc.

Defendant/appellant

Afghan Wireless Communications Company

Defendant/appellant

Mark Warner

Defendant/appellant

Lord Michael Cecil

Claimant/respondent

Stuart Bentham

Claimant/respondent

Alexander Grinling

Claimant/respondent

Joakim Lehmkuhl

Claimant/respondent

Procedural Posture

Appeal (civil) / Costs Judgment Following Substantive Appeal

Legal Issues

  1. 1 Entitlement to costs following appeal
  2. 2 Allocation of costs for applications below
  3. 3 Repayment of sums paid under previous order

Ratio Decidendi

Appellants, being successful on appeal, are entitled to their costs of the appeal and, save as otherwise ordered, of the claim below. Respondents to pay one third of Appellants' costs up to a specified date below, reflecting overall failure. Repayment of sums paid under previous order with interest is ordered.

Court Disposition

Appellants awarded costs of appeal and, save as otherwise set out, of the claim; Respondents to pay one third of Appellants' costs below to a specified date; Respondents to repay £375,000 plus interest; interim payments ordered.

Orders

  • Appellants entitled to costs of appeal, subject to detailed assessment on standard basis.
  • Appellants not entitled to costs of unsuccessful application for permission to appeal on forum issue.