Tates (Agents) Ltd & Anor v Nicholas & Anor [2025] EWHC 3318 (KB) (17 December 2025)

Tates (Agents) Ltd & Anor v Nicholas & Anor [2025] EWHC 3318 (KB) (17 December 2025)

The appeal succeeded on both grounds: damages for harassment were reduced to £15,000 due to improper consideration of unpleaded matters, and the appellant's costs liability was limited to the harassment claim only. The appellant is entitled to his costs of the appeal, and a payment on account of costs in the sum of £40,000 was ordered.

Citation
[2025] EWHC 3318 (KB)
Parties
Claimant/respondent: Tates (Agents) Limited; Claimant/respondent: Kim Alexander Gottileb; Defendant/appellant: Caroline Nicholas; Defendant/appellant: Joesph Asombang
Jurisdiction
England and Wales
Judgment Date
17 December 2025
Procedural Posture
Appeal / Consequential Judgment Following Appeal Decision
Outcome
Appeal allowed in part; damages reduced; costs orders varied.
Legal Topics
Harassment, Damages, Costs, Appeal Procedure
Civil Procedure Tort Harassment Damages Costs Appeal Procedure

Case Brief

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Parties

Tates (Agents) Limited

Claimant/respondent

Kim Alexander Gottileb

Claimant/respondent

Caroline Nicholas

Defendant/appellant

Joesph Asombang

Defendant/appellant

Procedural Posture

Appeal / Consequential Judgment Following Appeal Decision

Legal Issues

  1. 1 Whether the judge erred by taking into account unpleaded matters in determining harassment and quantifying damages
  2. 2 Whether the appellant was wrongly held jointly liable for costs of the entire proceedings

Ratio Decidendi

The appeal succeeded on both grounds: damages for harassment were reduced to £15,000 due to improper consideration of unpleaded matters, and the appellant's costs liability was limited to the harassment claim only. The appellant is entitled to his costs of the appeal, and a payment on account of costs in the sum of £40,000 was ordered.

Court Disposition

Appeal allowed in part; damages reduced; costs orders varied.

Orders

  • Damages for harassment reduced to £15,000.
  • Appellant's liability for costs limited to harassment claim.