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 is fair, reflecting the Defendant's partial success and the practicalities of assessment. An interim payment of £32,436 is reasonable. Stays on enforcement of costs orders are continued pending determination of permission to appeal, to avoid injustice and protect both parties' interests.

Citation
[2022] EWHC 236 (QB)
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 (costs and Consequential Matters) / Post Judgment (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 continued pending permission to appeal. Limitation issue remitted to Senior Master for case management.
Legal Topics
Costs, Appeal, Stay of Enforcement, Case Management
Civil Procedure Costs Appeal Stay 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 (costs and Consequential Matters) / Post Judgment (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 is fair, reflecting the Defendant's partial success and the practicalities of assessment. An interim payment of £32,436 is reasonable. Stays on enforcement of costs orders are continued pending determination of permission to appeal, to avoid injustice and protect both parties' interests.

Court Disposition

Claimant awarded 75% of his costs, subject to detailed assessment. Interim payment of £32,436 ordered. Stays on enforcement of costs orders continued pending permission to appeal. 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.