Kupeli & Ors v Sirketi (t/a Cyprus Turkish Airlines) & Anor

Claimants are the successful party for costs purposes because they will receive payment from the Defendant, and the extent of their success is not immaterial. However, due to partial success and Defendant's conduct, Atlasjet is ordered to pay 33% of Claimants' reasonable costs.

Parties: Claimant: Mrs Ozlem Kupeli & Others; First Defendant: Kibris Turk Hava Yollari Sirketi (Cyprus Turkish Airlines); Second Defendant: Atlasjet Havacilik Anonim Sirketi
Jurisdiction: England and Wales
Judgment Date: 21 June 2016
Procedural Posture: Costs Judgment Following Part 1 Trial / Post Trial, Costs Determination
Outcome: Atlasjet to pay 33% of Claimants' reasonable costs of the Part 1 Trial on the standard basis.
Legal Topics: Costs, Group Litigation, Disclosure, Settlement Offers

Civil Procedure Contract Law Costs Group Litigation Disclosure Settlement Offers

Case Brief

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2 Amounts and remedies 4

Parties

Mrs Ozlem Kupeli & Others

Claimant

Kibris Turk Hava Yollari Sirketi (Cyprus Turkish Airlines)

First Defendant

Atlasjet Havacilik Anonim Sirketi

Second Defendant

Procedural Posture

Costs Judgment Following Part 1 Trial / Post Trial, Costs Determination

Legal Issues

1 Who is the successful party for costs purposes?
2 Should the winner's costs be discounted, reduced or offset due to conduct or partial success?

Ratio Decidendi

Court Disposition

Atlasjet to pay 33% of Claimants' reasonable costs of the Part 1 Trial on the standard basis.

Orders

Atlasjet to pay 33% of Claimants' reasonable costs.
No interest awarded on costs pending assessment or agreement.