Alamantas Ruzge & Anor v Taimour Asghar (Costs)

Alamantas Ruzge & Anor v Taimour Asghar (Costs)

The Claimants were the successful party on appeal, having succeeded on two grounds including one which triggered the consequences of a Part 36 offer. The Defendant could have protected his position by making his own Part 36 offers but did not. The Claimants are entitled to their costs of the appeal, subject to a 20% deduction for their failure on two grounds, and are entitled to indemnity costs from 10 October 2022 in relation to ground (vii).

Parties
Claimant/appellant: Alamantas Ruzge; Claimant/appellant: AR Car Body Repairs Ltd; Defendant/respondent: Taimour Asghar
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Civil Appeal / Judgment on Costs
Outcome
Claimants awarded costs of the appeal, subject to a 20% deduction, with indemnity costs from 10 October 2022 on ground (vii).
Legal Topics
Costs, Appeal, Part 36 Offers, Indemnity Costs
Civil Procedure Costs Appeal Part 36 Offers Indemnity Costs

Case Brief

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Parties

Alamantas Ruzge

Claimant/appellant

AR Car Body Repairs Ltd

Claimant/appellant

Taimour Asghar

Defendant/respondent

Procedural Posture

Civil Appeal / Judgment on Costs

Legal Issues

  1. 1 Who is the successful party for the purposes of costs?
  2. 2 What is the appropriate costs order following partial success on appeal?
  3. 3 How should quantum of costs be assessed given the outcome on each ground of appeal?

Ratio Decidendi

The Claimants were the successful party on appeal, having succeeded on two grounds including one which triggered the consequences of a Part 36 offer. The Defendant could have protected his position by making his own Part 36 offers but did not. The Claimants are entitled to their costs of the appeal, subject to a 20% deduction for their failure on two grounds, and are entitled to indemnity costs from 10 October 2022 in relation to ground (vii).

Court Disposition

Claimants awarded costs of the appeal, subject to a 20% deduction, with indemnity costs from 10 October 2022 on ground (vii).

Orders

  • Claimants awarded total costs of £18,452.50.