Amin & Anor v Amin & Ors

Amin & Anor v Amin & Ors

The court declined to make indemnity costs orders, finding that while Vatsal and Anju acted unreasonably on some issues, the litigation was largely necessary to secure their entitlements. Costs were apportioned: Vatsal and Anju to pay 33% of Udi and Bhavini’s total costs (reflecting company proceedings), and reciprocal 25% orders in respect of partnership proceedings, with further detailed apportionments for minor partnerships and specific issues. Payment on account ordered at £214,500, subject to confirmation of total costs.

Parties
Claimant/petitioner: Vatsal Babubhai Amin; Claimant/petitioner: Anju Vatsal Amin; Defendant/respondent: Udhyam Babubhai Amin; Defendant/respondent: Rahulkumar J Desai; Defendant/respondent: Pushpabhen Babubhai Amin; Defendant/respondent: Champaben Kantibhai Patel; Defendant/respondent: Manjulaben Bharatbhai Patel; Defendant/respondent: Sangitaben Vipinbhai Patel; Defendant/respondent: Bharatbhai J Patel; Defendant/respondent: Vipinbhai Patel; Defendant/respondent: Hasmukhbhai J Patel; Defendant/respondent: Induben H Patel; Defendant/respondent: BakulKumar Harshadray Patel; Defendant/respondent: Nayana Bakul Patel; Defendant/respondent: Harshika Rahul Desai; Defendant/respondent: Swatiben B Patel; Defendant/respondent: Prashantbhai N Patel; Defendant/respondent: Bhavineshbhai N Patel; Defendant/respondent: Bhavini Udhyam Amin; Defendant/respondent: Bhavinbhai B Patel; Defendant/respondent: VU Chem Limited
Jurisdiction
England and Wales
Judgment Date
20 April 2010
Procedural Posture
Civil (company and Partnership) / Costs Ruling After Main and Supplementary Judgments
Outcome
Costs apportioned as specified; payment on account ordered.
Legal Topics
Costs Orders, Indemnity Costs, Standard Basis Costs, Partnership Dissolution, Unfair Prejudice Petition
Civil Procedure Company Law Partnership Law Costs Orders Indemnity Costs Standard Basis Costs Partnership Dissolution Unfair Prejudice Petition

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Parties

Vatsal Babubhai Amin

Claimant/petitioner

Anju Vatsal Amin

Claimant/petitioner

Udhyam Babubhai Amin

Defendant/respondent

Rahulkumar J Desai

Defendant/respondent

Pushpabhen Babubhai Amin

Defendant/respondent

Champaben Kantibhai Patel

Defendant/respondent

Manjulaben Bharatbhai Patel

Defendant/respondent

Sangitaben Vipinbhai Patel

Defendant/respondent

Bharatbhai J Patel

Defendant/respondent

Vipinbhai Patel

Defendant/respondent

Hasmukhbhai J Patel

Defendant/respondent

Induben H Patel

Defendant/respondent

BakulKumar Harshadray Patel

Defendant/respondent

Nayana Bakul Patel

Defendant/respondent

Harshika Rahul Desai

Defendant/respondent

Swatiben B Patel

Defendant/respondent

Prashantbhai N Patel

Defendant/respondent

Bhavineshbhai N Patel

Defendant/respondent

Bhavini Udhyam Amin

Defendant/respondent

Bhavinbhai B Patel

Defendant/respondent

VU Chem Limited

Defendant/respondent

Procedural Posture

Civil (company and Partnership) / Costs Ruling After Main and Supplementary Judgments

Legal Issues

  1. 1 Appropriate apportionment of costs between parties in complex partnership and company litigation
  2. 2 Whether indemnity costs should be awarded for certain issues
  3. 3 Treatment of costs where parties had partial success or acted unreasonably

Ratio Decidendi

The court declined to make indemnity costs orders, finding that while Vatsal and Anju acted unreasonably on some issues, the litigation was largely necessary to secure their entitlements. Costs were apportioned: Vatsal and Anju to pay 33% of Udi and Bhavini’s total costs (reflecting company proceedings), and reciprocal 25% orders in respect of partnership proceedings, with further detailed apportionments for minor partnerships and specific issues. Payment on account ordered at £214,500, subject to confirmation of total costs.

Court Disposition

Costs apportioned as specified; payment on account ordered.

Orders

  • Vatsal and Anju to pay 33% of Udi and Bhavini’s total costs of both sets of proceedings.
  • Reciprocal 25% costs orders between Vatsal and Udi for partnership proceedings.