Georgina Partakis-Stevens & Anor v Baljit Sihan & Ors

Georgina Partakis-Stevens & Anor v Baljit Sihan & Ors

The Stevens are entitled to recover 75% of their costs from the Sihans and 50% from the Romeros, reflecting their overall success but with reductions for lack of success and unreasonable conduct. The Romeros are entitled to indemnity from the Sihans for their liability to the Stevens and to recover 90% of their own costs from the Sihans, all on the standard basis, as the circumstances did not justify indemnity costs. Costs as damages are to be assessed on the standard basis, not indemnity, in this context.

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
11 September 2024
Procedural Posture
Civil (technology and Construction Court) / Judgment on Consequential Matters Post Trial
Outcome
Costs orders made; interim payments on account ordered; costs assessed on standard basis; no indemnity costs awarded.
Legal Topics
Nuisance, Misrepresentation, Costs, Damages, Contribution, Breach of Contract
Civil Procedure Tort Contract Property Law Nuisance Misrepresentation Costs Damages +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 Post Trial

Legal Issues

  1. 1 Appropriate costs orders following judgment in nuisance, misrepresentation, and contribution claims
  2. 2 Assessment of costs as damages versus costs under the court's jurisdiction
  3. 3 Entitlement to indemnity or standard costs

Ratio Decidendi

The Stevens are entitled to recover 75% of their costs from the Sihans and 50% from the Romeros, reflecting their overall success but with reductions for lack of success and unreasonable conduct. The Romeros are entitled to indemnity from the Sihans for their liability to the Stevens and to recover 90% of their own costs from the Sihans, all on the standard basis, as the circumstances did not justify indemnity costs. Costs as damages are to be assessed on the standard basis, not indemnity, in this context.

Court Disposition

Costs orders made; interim payments on account ordered; costs assessed on standard basis; no indemnity costs awarded.

Orders

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