Aldford House Freehold Ltd v Grosvenor (Mayfair) Estate & Anor [2018] EWHC 4038 (Ch) (17 December 2018)

Aldford House Freehold Ltd v Grosvenor (Mayfair) Estate & Anor [2018] EWHC 4038 (Ch) (17 December 2018)

Defendants are the successful parties and claimant must pay their costs, but costs relating to expert evidence on Gibraltar, Jersey, and Bahamas law are excluded from recovery due to defendants' failure on those discrete issues; costs relating to BVI law are not excluded as defendants succeeded and claimant should have admitted the position earlier.

Citation
[2018] EWHC 4038 (Ch)
Parties
Claimant: Aldford House Freehold Limited; First Defendant: Grosvenor (Mayfair) Estate; Second Defendant: K Group Holding Inc
Jurisdiction
England and Wales
Judgment Date
17 December 2018
Procedural Posture
Costs Judgment Following Trial / Post Trial Consequential Matters
Outcome
Claimant to pay costs of first and second defendants, subject to exclusions for expert evidence costs on Gibraltar, Jersey, and Bahamas law.
Legal Topics
Costs, Authority of Agent, Expert Evidence, Foreign Law
Civil Procedure Property Law Costs Authority of Agent Expert Evidence Foreign Law

Case Brief

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Parties

Aldford House Freehold Limited

Claimant

Grosvenor (Mayfair) Estate

First Defendant

K Group Holding Inc

Second Defendant

Procedural Posture

Costs Judgment Following Trial / Post Trial Consequential Matters

Legal Issues

  1. 1 Incidence of costs following outcome of claim
  2. 2 Recovery of costs relating to expert evidence on foreign law
  3. 3 Differential costs orders for discrete issues

Ratio Decidendi

Defendants are the successful parties and claimant must pay their costs, but costs relating to expert evidence on Gibraltar, Jersey, and Bahamas law are excluded from recovery due to defendants' failure on those discrete issues; costs relating to BVI law are not excluded as defendants succeeded and claimant should have admitted the position earlier.

Court Disposition

Claimant to pay costs of first and second defendants, subject to exclusions for expert evidence costs on Gibraltar, Jersey, and Bahamas law.

Orders

  • Claimant to pay costs of first and second defendants on standard basis, excluding costs relating to expert evidence on Gibraltar, Jersey, and Bahamas law.
  • Second defendant not to recover costs for two applications for permission to adduce further evidence.