Arif v Sanger [2022] EWHC 236 (QB) (08 February 2022)

Arif v Sanger [2022] EWHC 236 (QB) (08 February 2022)

A single order for 75% of the Claimant's costs, subject to detailed assessment, is fair given the mixed outcome and practicalities of assessment. An interim payment of £32,436 is appropriate. Stays on enforcement of costs orders are to continue pending determination of the Defendant's application for permission to appeal, consistent with prior orders and to avoid potential injustice.

Citation
[2022] EWHC 236
Parties
Respondent/claimant: Imran Arif; Appellant/defendant: Dalbir Singh Sanger
Jurisdiction
England and Wales
Judgment Date
08 February 2022
Procedural Posture
Appeal and Cross Appeal on Costs and Consequential Matters / Post Judgment; Decision on Costs and Consequential Orders
Outcome
Claimant awarded 75% of his costs, subject to detailed assessment; interim payment of £32,436 ordered; stays on enforcement of costs orders to continue pending permission application; limitation issue remitted to Senior Master for case management.
Legal Topics
Costs, Appeals, Stays of Enforcement, Case Management
Civil Procedure Costs Appeals Stays of Enforcement Case Management

Case Brief

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Parties

Imran Arif

Respondent/claimant

Dalbir Singh Sanger

Appellant/defendant

Procedural Posture

Appeal and Cross Appeal on Costs and Consequential Matters / Post Judgment; Decision on Costs and Consequential Orders

Legal Issues

  1. 1 Appropriate order for costs following appeal and cross-appeal
  2. 2 Whether to grant a stay of enforcement of costs orders pending permission to appeal
  3. 3 Whether to remit limitation issue for preliminary trial or full trial

Ratio Decidendi

A single order for 75% of the Claimant's costs, subject to detailed assessment, is fair given the mixed outcome and practicalities of assessment. An interim payment of £32,436 is appropriate. Stays on enforcement of costs orders are to continue pending determination of the Defendant's application for permission to appeal, consistent with prior orders and to avoid potential injustice.

Court Disposition

Claimant awarded 75% of his costs, subject to detailed assessment; interim payment of £32,436 ordered; stays on enforcement of costs orders to continue pending permission application; limitation issue remitted to Senior Master for case management.

Orders

  • Claimant to recover 75% of his costs, subject to detailed assessment.
  • Defendant to pay interim payment of £32,436 within 14 days into court.