Nazirali Sharif Tejani v Fitzroy Place Residential Limited & Anor

Nazirali Sharif Tejani v Fitzroy Place Residential Limited & Anor

The Claimant’s conduct, while open to criticism, was not sufficiently outside the norm to justify indemnity costs; costs are to be assessed on the standard basis, with a payment on account of £535,000 to be made within 14 days, and interest on costs at 2% pursuant to CPR 44.2(6)(g) from the date costs were incurred until judgment.

Parties
Claimant: Nazirali Sharif Tejani; First Defendant: Fitzroy Place Residential Limited; Second Defendant: 2-10 Mortimer Street GP Limited as a General Partner of 2-10 Mortimer Street Limited Partnership
Jurisdiction
England and Wales
Judgment Date
09 December 2022
Procedural Posture
Civil / Judgment on Costs and Interest After Trial
Outcome
Costs to be paid by the Claimant to the Defendants on the standard basis; payment on account ordered; interest awarded at 2%.
Legal Topics
Costs, Interest on Costs, Indemnity Costs, Standard Basis Costs, Settlement Offers
Civil Procedure Costs Interest on Costs Indemnity Costs Standard Basis Costs Settlement Offers

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Parties

Nazirali Sharif Tejani

Claimant

Fitzroy Place Residential Limited

First Defendant

2-10 Mortimer Street GP Limited as a General Partner of 2-10 Mortimer Street Limited Partnership

Second Defendant

Procedural Posture

Civil / Judgment on Costs and Interest After Trial

Legal Issues

  1. 1 Whether costs should be assessed on the standard or indemnity basis
  2. 2 Appropriate amount for payment on account of costs
  3. 3 Date for payment of costs

Ratio Decidendi

The Claimant’s conduct, while open to criticism, was not sufficiently outside the norm to justify indemnity costs; costs are to be assessed on the standard basis, with a payment on account of £535,000 to be made within 14 days, and interest on costs at 2% pursuant to CPR 44.2(6)(g) from the date costs were incurred until judgment.

Court Disposition

Costs to be paid by the Claimant to the Defendants on the standard basis; payment on account ordered; interest awarded at 2%.

Orders

  • Claimant to pay Defendants’ costs on the standard basis.
  • Claimant to pay £535,000 on account of costs within 14 days.