Masri v Khoury [2010] EWHC 90187 (Costs) (17 November 2010)

Masri v Khoury [2010] EWHC 90187 (Costs) (17 November 2010)

The receiving party is limited to recovering only one half of the common costs incurred with his brother in joint representation, as only the costs fairly attributable to the successful party should be allowed under the rule in Beaumont v Senior.

Citation
[2010] EWHC 90187 (Costs)
Parties
Claimant/paying Party: Munib Masri; Addressee/receiving Party: Touflic Said Khoury
Jurisdiction
England and Wales
Judgment Date
17 November 2010
Procedural Posture
Costs Assessment / Preliminary Issue Determination
Outcome
Preliminary issue decided in favour of the paying party; receiving party limited to one half of common costs.
Legal Topics
Joint Representation, Apportionment of Costs, Assessment of Costs
Civil Procedure Costs Joint Representation Apportionment of Costs Assessment of Costs

Case Brief

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Parties

Munib Masri

Claimant/paying Party

Touflic Said Khoury

Addressee/receiving Party

Procedural Posture

Costs Assessment / Preliminary Issue Determination

Legal Issues

  1. 1 Whether the receiving party should be limited to only one half of common costs incurred with his brother in joint representation

Ratio Decidendi

The receiving party is limited to recovering only one half of the common costs incurred with his brother in joint representation, as only the costs fairly attributable to the successful party should be allowed under the rule in Beaumont v Senior.

Court Disposition

Preliminary issue decided in favour of the paying party; receiving party limited to one half of common costs.

Orders

  • Receiving party's claim for full common costs rejected; only one half allowed.