Kupeli & Ors v Sirketi (t/a Cyprus Turkish Airlines) & Anor [2016] EWHC 1478 (QB) (21 June 2016)

Kupeli & Ors v Sirketi (t/a Cyprus Turkish Airlines) & Anor [2016] EWHC 1478 (QB) (21 June 2016)

The Claimants are the successful party for costs purposes because they will receive payment from the Defendant, despite only partial success. However, due to the Claimants' failure on most issues and the majority of claims, and considering the Defendant's conduct, the appropriate order is that the Defendant pays 33% of the Claimants' reasonable costs of the Part 1 Trial on the standard basis.

Citation
[2016] EWHC 1478 (QB)
Parties
Claimant: Mrs Ozlem Kupeli & Others; First Defendant: Kibris Turk Hava Yollari Sirketi (Trading as Cyprus Turkish Airlines); Second Defendant: Atlasjet Havacilik Anonim Sirketi
Jurisdiction
England and Wales
Judgment Date
21 June 2016
Procedural Posture
Costs Judgment Following Part 1 Trial / Post Trial, Costs Determination
Outcome
Atlasjet to pay 33% of the Claimants' reasonable costs of the Part 1 Trial on the standard basis.
Legal Topics
Costs, Group Litigation, Contractual Claims, Disclosure, Settlement Offers
Civil Procedure Contract Law Costs Group Litigation Contractual Claims Disclosure Settlement Offers

Case Brief

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Parties

Mrs Ozlem Kupeli & Others

Claimant

Kibris Turk Hava Yollari Sirketi (Trading as Cyprus Turkish Airlines)

First Defendant

Atlasjet Havacilik Anonim Sirketi

Second Defendant

Procedural Posture

Costs Judgment Following Part 1 Trial / Post Trial, Costs Determination

Legal Issues

  1. 1 Who is the successful party for costs purposes?
  2. 2 Should the successful party's costs be discounted, reduced or offset due to conduct or partial success?

Ratio Decidendi

The Claimants are the successful party for costs purposes because they will receive payment from the Defendant, despite only partial success. However, due to the Claimants' failure on most issues and the majority of claims, and considering the Defendant's conduct, the appropriate order is that the Defendant pays 33% of the Claimants' reasonable costs of the Part 1 Trial on the standard basis.

Court Disposition

Atlasjet to pay 33% of the Claimants' reasonable costs of the Part 1 Trial on the standard basis.

Orders

  • Atlasjet to pay 33% of Claimants' reasonable costs of the Part 1 Trial on the standard basis.
  • No interest on costs pending assessment or earlier agreement.