Masri v Khoury

Masri v Khoury

Where parties are jointly represented, the successful party may only recover the proportion of common costs fairly attributable to him, not the entirety, in accordance with the rule in Beaumont v Senior.

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 determined in favour of the paying party; receiving party limited to one half of common costs.
Legal Topics
Joint Representation, Apportionment of Costs, Detailed Assessment
Civil Procedure Costs Joint Representation Apportionment of Costs Detailed Assessment

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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 jointly represented brother

Ratio Decidendi

Where parties are jointly represented, the successful party may only recover the proportion of common costs fairly attributable to him, not the entirety, in accordance with the rule in Beaumont v Senior.

Court Disposition

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

Orders

  • Receiving party's claim for all common costs disallowed; only one half of common costs allowed.