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, and the number of claims or issues lost does not outweigh this fact. However, due to the Claimants' partial success and the Defendant's conduct, a percentage costs order is appropriate, awarding the Claimants 33% of their reasonable costs on the standard basis.

Citation
[2016] EWHC 1478
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, Joinder of Claims, Disclosure, Settlement Offers
Civil Procedure Contract Law Costs Group Litigation Joinder of Claims Disclosure Settlement Offers

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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, and the number of claims or issues lost does not outweigh this fact. However, due to the Claimants' partial success and the Defendant's conduct, a percentage costs order is appropriate, awarding the Claimants 33% of their reasonable costs 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 agreement.