Malik v Hussain (Rev1) [2021] EWHC 3161 (Ch) (25 November 2021)

Malik v Hussain (Rev1) [2021] EWHC 3161 (Ch) (25 November 2021)

Although Tariq was the successful party in establishing the partnership and obtaining dissolution and winding up, his significant failures on major issues, his conduct, and his refusal to settle on reasonable terms justify a significant departure from the general rule. The fairest outcome is no order as to costs between Tariq and the defendants for the main proceedings, save for existing costs orders and the enforcement application, for which Tariq must pay Mahboob's costs on the standard basis.

Citation
[2021] EWHC 3161 (Ch)
Parties
Claimant/petitioner: Tariq Mahmood Malik; First Defendant/respondent: Mahboob Hussain Junior; Second Defendant/respondent: RN Restaurant (Stockport) Limited; Third Defendant/respondent: Nusrat Tariq; Fourth Defendant/respondent: Mirza Begum; Fifth Defendant/respondent: Asad Ali Malik; Sixth Defendant/respondent: Usman Hussain Malik
Jurisdiction
England and Wales
Judgment Date
25 November 2021
Procedural Posture
Business & Property Courts Partnership Dissolution and Winding Up / Judgment on Costs After Substantive and Enforcement Hearings
Outcome
No order as to costs between Tariq and the defendants for the main proceedings (save for existing costs orders); Tariq to pay Mahboob's costs of the enforcement application, to be summarily assessed on the standard basis.
Legal Topics
Dissolution of Partnership, Winding Up of Partnership, Final Account, Costs Orders, Enforcement of Court Orders, Admissible Settlement Offers, Conduct and Relative Success in Litigation
Partnership Law Company Law Civil Procedure Dissolution of Partnership Winding Up of Partnership Final Account Costs Orders Enforcement of Court Orders +2 more

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Parties

Tariq Mahmood Malik

Claimant/petitioner

Mahboob Hussain Junior

First Defendant/respondent

RN Restaurant (Stockport) Limited

Second Defendant/respondent

Nusrat Tariq

Third Defendant/respondent

Mirza Begum

Fourth Defendant/respondent

Asad Ali Malik

Fifth Defendant/respondent

Usman Hussain Malik

Sixth Defendant/respondent

Procedural Posture

Business & Property Courts Partnership Dissolution and Winding Up / Judgment on Costs After Substantive and Enforcement Hearings

Legal Issues

  1. 1 Who is the successful party for the purposes of costs?
  2. 2 Should there be a departure from the general rule on costs due to relative success/failure and conduct?
  3. 3 What is the effect of admissible (non-Part 36) settlement offers on costs?

Ratio Decidendi

Although Tariq was the successful party in establishing the partnership and obtaining dissolution and winding up, his significant failures on major issues, his conduct, and his refusal to settle on reasonable terms justify a significant departure from the general rule. The fairest outcome is no order as to costs between Tariq and the defendants for the main proceedings, save for existing costs orders and the enforcement application, for which Tariq must pay Mahboob's costs on the standard basis.

Court Disposition

No order as to costs between Tariq and the defendants for the main proceedings (save for existing costs orders); Tariq to pay Mahboob's costs of the enforcement application, to be summarily assessed on the standard basis.

Orders

  • No order as to costs between Tariq and the defendants for the main proceedings, save as already determined by adverse costs order and excluding the enforcement application.
  • Tariq to pay Mahboob's costs of the enforcement application, to be summarily assessed on the standard basis.