Mate v Mate & Ors [2023] EWHC 806 (Ch) (05 April 2023)

Mate v Mate & Ors [2023] EWHC 806 (Ch) (05 April 2023)

Julie Mate was the successful party overall, justifying a costs order in her favour subject to a 25% reduction for failure on the proprietary estoppel claim. Her Part 36 offer was valid and served in time, engaging the enhanced consequences under CPR 36.17(4), which were not unjust to apply. Shirley Mate should not be a paying party for costs as she supported the claim and had no beneficial interest.

Citation
[2023] EWHC 806 (Ch)
Parties
Claimant: Julie Mate; First Defendant: Shirley Claire Mate; Second Defendant: Andrew David Mate; Third Defendant: Robert Christopher Mate
Jurisdiction
England and Wales
Judgment Date
05 April 2023
Procedural Posture
Civil / Post Trial Costs Judgment
Outcome
Costs judgment: Claimant awarded 75% of her costs against Second and Third Defendants, with enhanced Part 36 consequences from 6 September 2022. Shirley Mate not liable for costs.
Legal Topics
Costs, Proprietary Estoppel, Unjust Enrichment, CPR Part 36 Offers
Civil Procedure Equity Costs Proprietary Estoppel Unjust Enrichment CPR Part 36 Offers

Case Brief

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Parties

Julie Mate

Claimant

Shirley Claire Mate

First Defendant

Andrew David Mate

Second Defendant

Robert Christopher Mate

Third Defendant

Procedural Posture

Civil / Post Trial Costs Judgment

Legal Issues

  1. 1 Appropriate costs order following mixed success on proprietary estoppel and unjust enrichment claims
  2. 2 Whether claimant's Part 36 offer was valid and served in time
  3. 3 Whether all defendants should be liable for costs

Ratio Decidendi

Julie Mate was the successful party overall, justifying a costs order in her favour subject to a 25% reduction for failure on the proprietary estoppel claim. Her Part 36 offer was valid and served in time, engaging the enhanced consequences under CPR 36.17(4), which were not unjust to apply. Shirley Mate should not be a paying party for costs as she supported the claim and had no beneficial interest.

Court Disposition

Costs judgment: Claimant awarded 75% of her costs against Second and Third Defendants, with enhanced Part 36 consequences from 6 September 2022. Shirley Mate not liable for costs.

Orders

  • Second and Third Defendants to pay 75% of Claimant's costs on standard basis up to 5 September 2022 and on indemnity basis thereafter.
  • Interest on judgment sum at 2% over base from 27 July 2021 to 5 September 2022, 8% over base from 6 September 2022 to 10 February 2023, and 8% over base from 11 February 2023.