Shah & Anor v Shah & Anor [2021] EWHC 1668 (QB) (21 June 2021)

Shah & Anor v Shah & Anor [2021] EWHC 1668 (QB) (21 June 2021)

The judge was entitled to find the claimants/respondents the successful party on liability, to find their Part 36 offer genuine, and to apply the default costs consequences under CPR 36.17. The judge did not err in principle, law, or approach, nor was his decision perverse or unjust. The appeal court will not interfere with a discretionary costs decision absent such error.

Citation
[2021] EWHC 1668 (QB)
Parties
Claimant/respondent: Mr Anup Shah; Claimant/respondent: Mrs Alpa Shah; Defendant/appellant: Mr Ketan Shah; Defendant/appellant: Mrs Deepika Shah
Jurisdiction
England and Wales
Judgment Date
21 June 2021
Procedural Posture
Appeal / Judgment on Appeal Against Costs Order
Outcome
Appeal dismissed
Legal Topics
Costs Orders, Part 36 Offers, Nominal Damages, Abuse of Process, Family Disputes in Contract Litigation
Civil Procedure Costs Costs Orders Part 36 Offers Nominal Damages Abuse of Process Family Disputes in Contract Litigation

Case Brief

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Parties

Mr Anup Shah

Claimant/respondent

Mrs Alpa Shah

Claimant/respondent

Mr Ketan Shah

Defendant/appellant

Mrs Deepika Shah

Defendant/appellant

Procedural Posture

Appeal / Judgment on Appeal Against Costs Order

Legal Issues

  1. 1 Whether the judge erred in awarding costs to the claimants/respondents after only nominal damages were awarded
  2. 2 Whether the Part 36 offer made by the claimants/respondents was a genuine offer to settle and properly triggered Part 36 consequences
  3. 3 Whether it was unjust to apply the default Part 36 costs consequences

Ratio Decidendi

The judge was entitled to find the claimants/respondents the successful party on liability, to find their Part 36 offer genuine, and to apply the default costs consequences under CPR 36.17. The judge did not err in principle, law, or approach, nor was his decision perverse or unjust. The appeal court will not interfere with a discretionary costs decision absent such error.

Court Disposition

Appeal dismissed

Orders

  • The costs order of the County Court stands: Defendants/Appellants to pay Claimants/Respondents' costs on the standard basis up to 12 May 2020, indemnity basis from 13 May 2020, with interest at 2.5% above base rate from 13 May 2020 to 15 October 2020.