Koza Ltd & Anor v Koza Altin Isletmeleri AS [2020] EWHC 1092 (Ch) (12 May 2020)

Koza Ltd & Anor v Koza Altin Isletmeleri AS [2020] EWHC 1092 (Ch) (12 May 2020)

Koza Altin, as successful party, is entitled to recover its costs of the application from Mr Ipek alone, without limitation by percentage or set-off, and a payment on account of £150,000 is reasonable. Execution is stayed pending determination of the application for permission to appeal.

Citation
[2020] EWHC 1092 (Ch)
Parties
Claimant/respondent: Koza Limited; Claimant/respondent: Hamdi Akin Ipek; Defendant/applicant: Koza Altin Isletmeleri AS
Jurisdiction
England and Wales
Judgment Date
12 May 2020
Procedural Posture
Application for Consequential Orders Following Interlocutory Injunction / Post Judgment, Consequential Matters
Outcome
Costs order in favour of Koza Altin against Mr Ipek alone; no set-off; payment on account ordered; stay of execution granted.
Legal Topics
Costs, Interlocutory Injunctions, Set Off, Payment on Account, Stay of Execution
Civil Procedure Corporate Law Arbitration Costs Interlocutory Injunctions Set Off Payment on Account Stay of Execution

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Parties

Koza Limited

Claimant/respondent

Hamdi Akin Ipek

Claimant/respondent

Koza Altin Isletmeleri AS

Defendant/applicant

Procedural Posture

Application for Consequential Orders Following Interlocutory Injunction / Post Judgment, Consequential Matters

Legal Issues

  1. 1 Appropriate costs order following interlocutory injunction
  2. 2 Whether costs should be limited by percentage
  3. 3 Whether costs should be ordered against both claimants or Mr Ipek alone

Ratio Decidendi

Koza Altin, as successful party, is entitled to recover its costs of the application from Mr Ipek alone, without limitation by percentage or set-off, and a payment on account of £150,000 is reasonable. Execution is stayed pending determination of the application for permission to appeal.

Court Disposition

Costs order in favour of Koza Altin against Mr Ipek alone; no set-off; payment on account ordered; stay of execution granted.

Orders

  • Koza Altin to recover its costs on the standard basis, to be assessed in default of agreement.
  • Costs to be paid by Mr Ipek alone.