Partakis-Stevens & Anor v Sihan & Ors (Re Consequential Matters) [2023] EWHC 1051 (TCC) (05 May 2023)

Partakis-Stevens & Anor v Sihan & Ors (Re Consequential Matters) [2023] EWHC 1051 (TCC) (05 May 2023)

The Stevens, as successful claimants in nuisance, are entitled to 75% of their costs against the Sihans and 50% against the Romeros, reflecting partial lack of success and unreasonable conduct. The Romeros are entitled to indemnity from the Sihans for their liability to the Stevens and to 90% of their own costs against the Sihans, with costs assessed on the standard basis. Costs incurred by the Romeros in bringing the additional claim are not recoverable as damages but only as costs under s.51 SCA 1981. Interest is awarded at 3% p.a. on judgment and costs.

Citation
[2023] EWHC 1051 (TCC)
Parties
Claimant: Georgina Partakis-Stevens; Claimant: Laurence Stevens; First Defendant / Defendant to Additional Claim: Baljit Sihan; Second Defendant / Defendant to Additional Claim: Lesley Sihan; Third Defendant / Claimant in Additional Claim: Sergio Romero; Fourth Defendant / Claimant in Additional Claim: Eliana Guercio
Jurisdiction
England and Wales
Judgment Date
05 May 2023
Procedural Posture
Civil (technology and Construction Court) / Judgment on Consequential Matters Following Trial
Outcome
Costs orders made: Stevens recover 75% of costs against Sihans and 50% against Romeros; Romeros indemnified by Sihans for Stevens' costs and recover 90% of their own costs against Sihans; interest awarded.
Legal Topics
Nuisance, Misrepresentation, Breach of Contract, Costs, Damages, Civil Liability (contribution) Act 1978
Civil Litigation Property Law Tort Law Contract Law Nuisance Misrepresentation Breach of Contract Costs +2 more

Case Brief

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Parties

Georgina Partakis-Stevens

Claimant

Laurence Stevens

Claimant

Baljit Sihan

First Defendant / Defendant to Additional Claim

Lesley Sihan

Second Defendant / Defendant to Additional Claim

Sergio Romero

Third Defendant / Claimant in Additional Claim

Eliana Guercio

Fourth Defendant / Claimant in Additional Claim

Procedural Posture

Civil (technology and Construction Court) / Judgment on Consequential Matters Following Trial

Legal Issues

  1. 1 Appropriate costs orders following findings of nuisance, misrepresentation, and breach of contract
  2. 2 Entitlement to damages and indemnities under the Civil Liability (Contribution) Act 1978
  3. 3 Assessment of costs as damages versus costs under CPR 44

Ratio Decidendi

The Stevens, as successful claimants in nuisance, are entitled to 75% of their costs against the Sihans and 50% against the Romeros, reflecting partial lack of success and unreasonable conduct. The Romeros are entitled to indemnity from the Sihans for their liability to the Stevens and to 90% of their own costs against the Sihans, with costs assessed on the standard basis. Costs incurred by the Romeros in bringing the additional claim are not recoverable as damages but only as costs under s.51 SCA 1981. Interest is awarded at 3% p.a. on judgment and costs.

Court Disposition

Costs orders made: Stevens recover 75% of costs against Sihans and 50% against Romeros; Romeros indemnified by Sihans for Stevens' costs and recover 90% of their own costs against Sihans; interest awarded.

Orders

  • Stevens to recover 75% of their costs from Sihans and 50% from Romeros, not exceeding 75% in total.
  • Stevens awarded interim payment on account of costs: £275,672.77 from Sihans, £183,781.85 from Romeros.