Aldford House Freehold Ltd v Grosvenor (Mayfair) Estate & Anor
The court ordered the claimant to pay the costs of the first and second defendants, to be assessed on the standard basis if not agreed, except for costs relating to expert evidence and legal costs associated with Gibraltar, Bahamian, and Jersey law, which are excluded. The section 4 issue costs are treated as part of the trial costs. Interim payments on account of costs were ordered: two-thirds of the net costs for the second defendant and £80,000 for the first defendant, with six weeks allowed for payment.
- Parties
- Claimant: Aldford House Freehold Limited; First Defendant: Grosvenor (Mayfair) Estate; Second Defendant: K Group Holding Inc
- Jurisdiction
- England and Wales
- Judgment Date
- 17 December 2018
- Procedural Posture
- Civil / Costs and Consequential Matters After Judgment
- Outcome
- Claimant to pay costs of first and second defendants, with exclusions for certain expert evidence costs; interim payments ordered.
- Legal Topics
- Costs, Foreign Law Evidence, Authority of Agents
Case Brief
Summary, issues, holding and outcome
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Parties
Aldford House Freehold Limited
Claimant
Grosvenor (Mayfair) Estate
First Defendant
K Group Holding Inc
Second Defendant
Procedural Posture
Civil / Costs and Consequential Matters After Judgment
Legal Issues
- 1 Whether the usual order for costs should be departed from due to partial success on issues
- 2 Allocation of costs relating to expert evidence on foreign law
- 3 Entitlement to interim payments on account of costs
Ratio Decidendi
The court ordered the claimant to pay the costs of the first and second defendants, to be assessed on the standard basis if not agreed, except for costs relating to expert evidence and legal costs associated with Gibraltar, Bahamian, and Jersey law, which are excluded. The section 4 issue costs are treated as part of the trial costs. Interim payments on account of costs were ordered: two-thirds of the net costs for the second defendant and £80,000 for the first defendant, with six weeks allowed for payment.
Court Disposition
Claimant to pay costs of first and second defendants, with exclusions for certain expert evidence costs; interim payments ordered.
Orders
- Claimant to pay first and second defendants’ costs, assessed on the standard basis if not agreed, excluding costs relating to expert evidence and legal costs for Gibraltar, Bahamian, and Jersey law.
- Second defendant not to recover costs for applications to adduce further evidence on Gibraltar law and to pay claimant’s costs for those applications.
Full Case Text
Judgment text and source record
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