Shah & Anor v Breed & Anor [2013] EWHC 232 (QB) (15 February 2013)

Shah & Anor v Breed & Anor [2013] EWHC 232 (QB) (15 February 2013)

Deputy Master Rogers applied correct principles, exercised discretion lawfully, and was entitled to find costs proportionate and reasonable; refusal to permit further amendments and allowance of two sets of costs for assessment were within discretion and not plainly wrong.

Citation
[2013] EWHC 232 (QB)
Parties
Claimant / Respondent: Piyush Lalji Shah; Claimant / Respondent: Milan Lalji Shah; Defendant / Appellant: Brian Breed; Defendant / Appellant: Solomon Solomon
Jurisdiction
England and Wales
Judgment Date
15 February 2013
Procedural Posture
Appeal From Detailed Assessment Decision (costs) / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Detailed Assessment of Costs, Proportionality, Indemnity Principle, Case Management Discretion
Civil Procedure Costs Detailed Assessment of Costs Proportionality Indemnity Principle Case Management Discretion

Case Brief

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Parties

Piyush Lalji Shah

Claimant / Respondent

Milan Lalji Shah

Claimant / Respondent

Brian Breed

Defendant / Appellant

Solomon Solomon

Defendant / Appellant

Procedural Posture

Appeal From Detailed Assessment Decision (costs) / Appeal Judgment

Legal Issues

  1. 1 Whether Deputy Master Rogers erred in assessing costs as proportionate
  2. 2 Whether refusal to permit re-amendment of Points of Dispute was wrongful
  3. 3 Whether costs of both Shah and Burke and Ved and Co should have been allowed for detailed assessment

Ratio Decidendi

Deputy Master Rogers applied correct principles, exercised discretion lawfully, and was entitled to find costs proportionate and reasonable; refusal to permit further amendments and allowance of two sets of costs for assessment were within discretion and not plainly wrong.

Court Disposition

Appeal dismissed

Orders

  • Stay of execution lifted
  • Appellants ordered to pay respondents' costs of appeal summarily assessed at £11,526.10 within 14 days