Mehjoo v Harben Barker (a firm) & Anor [2013] EWHC 1669 (QB) (14 June 2013)

Mehjoo v Harben Barker (a firm) & Anor [2013] EWHC 1669 (QB) (14 June 2013)

The Claimant beat his Part 36 offer and is entitled to indemnity costs from 12 October 2012, with interest at 10% above base rate post-offer and 2% above base pre-offer; the First Defendant is entitled to its costs against the Claimant; the Claimant is entitled to 95% of his costs against the Second Defendant, subject to set-off for certain issues; the Claimant is entitled to indemnity for Grant Thornton disclosure costs; an interim payment of £1.7 million is ordered; no stay is granted but Defendants have liberty to apply; time to appeal is 21 days from judgment.

Citation
[2013] EWHC 1669
Parties
Claimant: Hossein Mehjoo; First Defendant: Harben Barker (A Firm); Second Defendant: Harben Barker Limited
Jurisdiction
England and Wales
Judgment Date
14 June 2013
Procedural Posture
Civil / Post Trial, Costs and Consequential Orders
Outcome
Claim against First Defendant dismissed; judgment for Claimant against Second Defendant for £1,192,546.02; costs and consequential orders as specified.
Legal Topics
Costs, Part 36 Offers, Interest on Judgments, Disclosure, Indemnity Costs, Interim Payments, Stay of Execution
Professional Negligence Civil Procedure Costs Part 36 Offers Interest on Judgments Disclosure Indemnity Costs Interim Payments +1 more

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Parties

Hossein Mehjoo

Claimant

Harben Barker (A Firm)

First Defendant

Harben Barker Limited

Second Defendant

Procedural Posture

Civil / Post Trial, Costs and Consequential Orders

Legal Issues

  1. 1 Entitlement to costs between parties, including standard vs indemnity basis
  2. 2 Effect of Part 36 offer and whether it was beaten
  3. 3 Appropriate rate of interest on damages and costs

Ratio Decidendi

The Claimant beat his Part 36 offer and is entitled to indemnity costs from 12 October 2012, with interest at 10% above base rate post-offer and 2% above base pre-offer; the First Defendant is entitled to its costs against the Claimant; the Claimant is entitled to 95% of his costs against the Second Defendant, subject to set-off for certain issues; the Claimant is entitled to indemnity for Grant Thornton disclosure costs; an interim payment of £1.7 million is ordered; no stay is granted but Defendants have liberty to apply; time to appeal is 21 days from judgment.

Court Disposition

Claim against First Defendant dismissed; judgment for Claimant against Second Defendant for £1,192,546.02; costs and consequential orders as specified.

Orders

  • Claimant to pay First Defendant's costs, to be assessed if not agreed.
  • Second Defendant to pay Claimant £1,192,546.02 plus interest.