Ruta Kerseviciene v Mide Quadri & Anor.

Ruta Kerseviciene v Mide Quadri & Anor.

There is no evidence before the Court that the legal representatives acted improperly, unreasonably, or negligently in relation to the appeal. The Court has sufficient material to determine costs now, and the usual rule that costs follow the event should apply. Reserving costs pending a wasted costs application is not justified in this case.

Parties
Appellant/claimant: Ruta Kerseviciere; Respondent/defendant: Mide Quadri; Respondent/defendant: Royal & Sun Alliance Limited
Jurisdiction
England and Wales
Judgment Date
21 November 2022
Procedural Posture
Appeal / Costs Judgment Following Dismissal of Appeal
Outcome
Claimants to pay Defendants' costs of the appeal.
Legal Topics
Costs, Wasted Costs Orders, Appeals, Discretion of Court, Legal Representatives' Liability
Civil Procedure Costs Wasted Costs Orders Appeals Discretion of Court Legal Representatives' Liability

Case Brief

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Parties

Ruta Kerseviciere

Appellant/claimant

Mide Quadri

Respondent/defendant

Royal & Sun Alliance Limited

Respondent/defendant

Procedural Posture

Appeal / Costs Judgment Following Dismissal of Appeal

Legal Issues

  1. 1 Whether costs of the appeal should be reserved pending a wasted costs application against the Claimants' solicitors
  2. 2 Whether there is a basis for a wasted costs order against the Claimants' solicitors in relation to the appeal

Ratio Decidendi

There is no evidence before the Court that the legal representatives acted improperly, unreasonably, or negligently in relation to the appeal. The Court has sufficient material to determine costs now, and the usual rule that costs follow the event should apply. Reserving costs pending a wasted costs application is not justified in this case.

Court Disposition

Claimants to pay Defendants' costs of the appeal.

Orders

  • Claimants shall pay the Defendants the costs of and occasioned by the appeal.