Aldford House Freehold Ltd v Grosvenor (Mayfair) Estate & Anor

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

  1. 1 Whether the usual order for costs should be departed from due to partial success on issues
  2. 2 Allocation of costs relating to expert evidence on foreign law
  3. 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.