Ruzge & Anor v Asghar (Re Costs) [2024] EWHC 78 (KB) (23 January 2024)

The Claimants are the successful party on the appeal, entitled to their costs subject to a 20% deduction for failure on two grounds, with indemnity costs awarded from 10 October 2022 in respect of ground (vii) due to the successful Part 36 offer.

Citation: [2024] EWHC 78 (KB)
Parties: Claimant/appellant: Alamantas Ruzge; Claimant/appellant: AR Car Body Repairs Ltd; Defendant/respondent: Taimour Asghar
Jurisdiction: England and Wales
Judgment Date: 23 January 2024
Procedural Posture: Appeal / Judgment on Costs Following Partial Success on Appeal
Outcome: Claimants awarded costs of the appeal, subject to a 20% deduction and indemnity costs from 10 October 2022 for ground (vii).
Legal Topics: Costs, Appeal, Part 36 Offers, Indemnity Costs

Civil Procedure Costs Appeal Part 36 Offers Indemnity Costs

Case Brief

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Parties

Alamantas Ruzge

Claimant/appellant

AR Car Body Repairs Ltd

Claimant/appellant

Taimour Asghar

Defendant/respondent

Procedural Posture

Appeal / Judgment on Costs Following Partial Success on Appeal

Legal Issues

1 Who is the successful party for the purposes of costs?
2 What is the appropriate costs order following partial success on appeal?
3 How should Part 36 consequences be applied to the costs order?

Ratio Decidendi

Court Disposition

Claimants awarded costs of the appeal, subject to a 20% deduction and indemnity costs from 10 October 2022 for ground (vii).

Orders

Claimants awarded total costs of £18,452.50, including VAT on half the costs.
Defendant to pay Claimants' costs as specified.