Cobussen Principal Investment Holdings Ltd v Akbar & Ors [2020] EWHC 3628 (QB) (29 December 2020)

Cobussen Principal Investment Holdings Ltd v Akbar & Ors [2020] EWHC 3628 (QB) (29 December 2020)

Mr. Akbar's conduct was dishonest and out of the norm, warranting indemnity costs. Legacy Holdings Limited's conduct, though not dishonest, was culpable and also out of the norm, justifying indemnity costs. Mrs. Akbar's involvement was minimal and did not materially increase costs, so no costs order is made against...

Source-derived case information.

Citation
[2020] EWHC 3628
Parties
Claimant: Cobussen Principal Investment Holdings Limited; First Defendant: Ghouse Akbar; Second Defendant: Legacy Holdings Limited; Third Defendant: Mehreen Akbar
Jurisdiction
England and Wales
Judgment Date
29 December 2020
Procedural Posture
Post Judgment Ruling (costs and Form of Order) / Post Judgment, Determination of Costs and Form of Order
Outcome
Costs awarded to claimant against Mr. Akbar and Legacy Holdings Limited on the indemnity basis; no costs order against Mrs. Akbar; declaration granted.
Legal Topics
Indemnity Costs, Standard Costs, Disclosure, Beneficial Ownership, Charging Order, Non Party Costs
Civil Procedure Costs Indemnity Costs Standard Costs Disclosure Beneficial Ownership Charging Order Non Party Costs

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Parties

Cobussen Principal Investment Holdings Limited

Claimant

Ghouse Akbar

First Defendant

Legacy Holdings Limited

Second Defendant

Mehreen Akbar

Third Defendant

Procedural Posture

Post Judgment Ruling (costs and Form of Order) / Post Judgment, Determination of Costs and Form of Order

Legal Issues

  1. 1 Basis for assessment of costs against Mr. Akbar and Legacy Holdings Limited
  2. 2 Effect of late settlement offers on costs
  3. 3 Costs liability of Mrs. Akbar

Ratio Decidendi

Mr. Akbar's conduct was dishonest and out of the norm, warranting indemnity costs. Legacy Holdings Limited's conduct, though not dishonest, was culpable and also out of the norm, justifying indemnity costs. Mrs. Akbar's involvement was minimal and did not materially increase costs, so no costs order is made against her. Late settlement offers did not warrant a reduction in costs liability. Declaration granted that Mr. Akbar is the sole beneficial owner of Legacy Holdings Limited.

Court Disposition

Costs awarded to claimant against Mr. Akbar and Legacy Holdings Limited on the indemnity basis; no costs order against Mrs. Akbar; declaration granted.

Orders

  • Claimant awarded costs against Mr. Akbar and Legacy Holdings Limited on indemnity basis.
  • Interim payment on account of costs ordered: £175,000 by 31 January 2021.