Kerseviciene v Quadri & Anor [2022] EWHC 2952 (KB) (21 November 2022)

Kerseviciene v Quadri & Anor [2022] EWHC 2952 (KB) (21 November 2022)

There is no evidence before the Court that the legal representatives acted improperly, unreasonably, or negligently in the appeal. The appeal was not hopeless or ill-founded, and permission to appeal was granted on arguable grounds. The Court should not postpone the costs decision or reserve costs pending the outcome of a wasted costs application in the County Court. Costs should follow the event and be determined now.

Citation
[2022] EWHC 2952 (KB)
Parties
Appellant/claimant: Ruta Kerseviciene; Respondent/defendant: Mide Quadri; Respondent/defendant: Royal & Sun Alliance Limited
Jurisdiction
England and Wales
Judgment Date
21 November 2022
Procedural Posture
Appeal / Costs Judgment Following Dismissal of Appeal
Outcome
Claimants ordered to pay Defendants' costs of the appeal.
Legal Topics
Costs, Wasted Costs Orders, Appeals, Legal Representatives' Liability
Civil Procedure Costs Wasted Costs Orders Appeals Legal Representatives' Liability

Case Brief

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Parties

Ruta Kerseviciene

Appellant/claimant

Mide Quadri

Respondent/defendant

Royal & Sun Alliance Limited

Respondent/defendant

Procedural Posture

Appeal / Costs Judgment Following Dismissal of Appeal

Legal Issues

  1. 1 Whether costs of the appeal should be reserved pending a wasted costs application against the Claimants' solicitors
  2. 2 Whether there is a basis for a wasted costs order against Ersan & Co Solicitors in respect of the appeal

Ratio Decidendi

There is no evidence before the Court that the legal representatives acted improperly, unreasonably, or negligently in the appeal. The appeal was not hopeless or ill-founded, and permission to appeal was granted on arguable grounds. The Court should not postpone the costs decision or reserve costs pending the outcome of a wasted costs application in the County Court. Costs should follow the event and be determined now.

Court Disposition

Claimants ordered to pay Defendants' costs of the appeal.

Orders

  • Claimants to pay Defendants' costs of and occasioned by the appeal.