Islam v Ali

Islam v Ali

Mrs Ali was the successful party in principle, having resisted the main basis of Mr Islam's claim and succeeded on the proper basis for calculating remuneration. The judge erred in principle by not giving due weight to this in the costs order. The appropriate order was no order as to costs.

Parties
Claimant/appellant: Mr Abu Islam; Defendant/respondent: Mrs Afroza Ali
Jurisdiction
England and Wales
Judgment Date
26 March 2003
Procedural Posture
Civil Appeal / Appeal From Central London County Court on Costs Order
Outcome
Appeal allowed; costs order set aside and substituted with no order as to costs.
Legal Topics
Costs, Reasonable Remuneration, Agency, Appeals
Civil Procedure Costs Reasonable Remuneration Agency Appeals

Case Brief

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Parties

Mr Abu Islam

Claimant/appellant

Mrs Afroza Ali

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From Central London County Court on Costs Order

Legal Issues

  1. 1 Who was the successful party for the purpose of costs?
  2. 2 Was the trial judge's exercise of discretion on costs correct?
  3. 3 What is the proper basis for calculating reasonable remuneration for services rendered?

Ratio Decidendi

Mrs Ali was the successful party in principle, having resisted the main basis of Mr Islam's claim and succeeded on the proper basis for calculating remuneration. The judge erred in principle by not giving due weight to this in the costs order. The appropriate order was no order as to costs.

Court Disposition

Appeal allowed; costs order set aside and substituted with no order as to costs.

Orders

  • No order as to costs in the court below
  • Costs of the appeal summarily assessed at £5,868.19 including VAT