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)

Claimant is entitled to 95% of costs against Second Defendant, assessed on standard basis up to 12 October 2012 and indemnity basis thereafter, with 10% interest uplift post-offer, 2% uplift pre-offer, interim payment of £1.7 million, indemnity for Grant Thornton disclosure costs, First Defendant entitled to costs order, and time for appeal application set at 21 days.

Citation
[2013] EWHC 1669 (QB)
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
High Court Civil Action / Post Trial Costs and Consequential Orders
Outcome
Claimant's claim against First Defendant dismissed; judgment for Claimant against Second Defendant for £1,192,546.02; costs orders as specified.
Legal Topics
Costs, Part 36 Offers, Interest, Disclosure, Indemnity, Issue Based Costs Orders
Professional Negligence Civil Procedure Costs Part 36 Offers Interest Disclosure Indemnity Issue Based Costs Orders

Case Brief

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Parties

Hossein Mehjoo

Claimant

Harben Barker (A Firm)

First Defendant

Harben Barker Limited

Second Defendant

Procedural Posture

High Court Civil Action / Post Trial Costs and Consequential Orders

Legal Issues

  1. 1 Entitlement to costs for First Defendant
  2. 2 Basis for costs assessment against Second Defendant (standard or indemnity)
  3. 3 Deductions from Claimant's costs

Ratio Decidendi

Claimant is entitled to 95% of costs against Second Defendant, assessed on standard basis up to 12 October 2012 and indemnity basis thereafter, with 10% interest uplift post-offer, 2% uplift pre-offer, interim payment of £1.7 million, indemnity for Grant Thornton disclosure costs, First Defendant entitled to costs order, and time for appeal application set at 21 days.

Court Disposition

Claimant's claim against First Defendant dismissed; judgment for Claimant against Second Defendant for £1,192,546.02; costs orders as specified.

Orders

  • First Defendant awarded costs against Claimant, to be assessed if not agreed.
  • Second Defendant to pay Claimant 95% of costs (standard basis up to 12 October 2012, indemnity thereafter), with 10% interest uplift post-offer, 2% uplift pre-offer.