Julie Mate v Shirley Claire Mate & Ors

Julie Mate v Shirley Claire Mate & Ors

Julie Mate was the successful party overall, but as she failed on her proprietary estoppel claim, she is awarded 75% of her costs. Her Part 36 offer was valid and served in time, engaging the enhanced costs consequences under CPR 36.17(4). Robert and Andrew Mate are liable for 75% of Julie's costs, including indemnity costs and enhanced interest from the relevant date, but Shirley Mate is not liable for costs. The additional sum under CPR 36.17(4)(d) is also awarded.

Parties
Claimant: Julie Mate; First Defendant: Shirley Claire Mate; Second Defendant: Andrew David Mate; Third Defendant: Robert Christopher Mate
Jurisdiction
England and Wales
Judgment Date
05 April 2023
Procedural Posture
Civil / Post Trial Judgment on Costs
Outcome
Claimant awarded 75% of her costs; enhanced costs consequences under CPR 36.17(4) apply; interim payment ordered; Shirley not liable for costs.
Legal Topics
Costs, Proprietary Estoppel, Unjust Enrichment, CPR Part 36 Offers
Civil Procedure Trusts and Estates Property Law Costs Proprietary Estoppel Unjust Enrichment CPR Part 36 Offers

Case Brief

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Parties

Julie Mate

Claimant

Shirley Claire Mate

First Defendant

Andrew David Mate

Second Defendant

Robert Christopher Mate

Third Defendant

Procedural Posture

Civil / Post Trial Judgment on Costs

Legal Issues

  1. 1 Appropriate costs order following mixed success on proprietary estoppel and unjust enrichment claims
  2. 2 Whether claimant's Part 36 offer was valid and served in time
  3. 3 Whether enhanced costs consequences under CPR 36.17(4) should apply

Ratio Decidendi

Julie Mate was the successful party overall, but as she failed on her proprietary estoppel claim, she is awarded 75% of her costs. Her Part 36 offer was valid and served in time, engaging the enhanced costs consequences under CPR 36.17(4). Robert and Andrew Mate are liable for 75% of Julie's costs, including indemnity costs and enhanced interest from the relevant date, but Shirley Mate is not liable for costs. The additional sum under CPR 36.17(4)(d) is also awarded.

Court Disposition

Claimant awarded 75% of her costs; enhanced costs consequences under CPR 36.17(4) apply; interim payment ordered; Shirley not liable for costs.

Orders

  • Robert and Andrew Mate to pay Julie Mate 75% of her costs on the standard basis up to 5 September 2022 and on the indemnity basis thereafter.
  • Interest on the judgment sum at 2% over base from 27 July 2021 to 5 September 2022, 8% over base from 6 September 2022 to 10 February 2023, and 8% over base thereafter.