Bayat & Ors v Cecil & Ors
Appellants, as successful parties on appeal, are entitled to their costs of the appeal and the claim, subject to detailed assessment. Respondents to pay one third of Appellants’ costs below up to 29 March 2010. Specific sums to be repaid with interest. Applications for permission to appeal on forum issue not recoverable.
- Parties
- Claimant/respondent: Ehsanollah Bayat; Claimant/respondent: Telephone Systems International Inc.; Claimant/respondent: Afghan Wireless Communications Company; Claimant/respondent: Mark Warner; Defendant/appellant: Lord Michael Cecil; Defendant/appellant: Stuart Bentham; Defendant/appellant: Alexander Grinling; Defendant/appellant: Joakim Lehmkuhl
- Jurisdiction
- England and Wales
- Judgment Date
- 11 May 2011
- Procedural Posture
- Civil Appeal / Costs Judgment After Appeal
- Outcome
- Appellants awarded costs of appeal and claim; Respondents to pay specified sums and interest; detailed assessment ordered.
- Legal Topics
- Costs, Appeal, Detailed Assessment
Case Brief
Summary, issues, holding and outcome
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Parties
Ehsanollah Bayat
Claimant/respondent
Telephone Systems International Inc.
Claimant/respondent
Afghan Wireless Communications Company
Claimant/respondent
Mark Warner
Claimant/respondent
Lord Michael Cecil
Defendant/appellant
Stuart Bentham
Defendant/appellant
Alexander Grinling
Defendant/appellant
Joakim Lehmkuhl
Defendant/appellant
Procedural Posture
Civil Appeal / Costs Judgment After Appeal
Legal Issues
- 1 Entitlement to costs following appeal
- 2 Allocation of costs for applications below
- 3 Interest on costs and repayments
Ratio Decidendi
Appellants, as successful parties on appeal, are entitled to their costs of the appeal and the claim, subject to detailed assessment. Respondents to pay one third of Appellants’ costs below up to 29 March 2010. Specific sums to be repaid with interest. Applications for permission to appeal on forum issue not recoverable.
Court Disposition
Appellants awarded costs of appeal and claim; Respondents to pay specified sums and interest; detailed assessment ordered.
Orders
- Appellants entitled to costs of appeal, subject to detailed assessment.
- Appellants not entitled to costs of unsuccessful application for permission to appeal on forum issue.
Full Case Text
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