Mehjoo v Harben Barker (a firm) & Anor

Mehjoo v Harben Barker (a firm) & Anor

Claimant entitled to 95% of costs against Second Defendant, assessed on standard basis up to 12 October 2012 and indemnity basis thereafter, with 10% uplift on interest post-Part 36 offer expiry; First Defendant entitled to costs against Claimant; Claimant entitled to indemnity for Grant Thornton disclosure fees; interim payment set at £1.7 million; stay granted subject to security; time for appeal set at 21 days.

Parties
Claimant: Hossein Mehjoo; First Defendant: Harben Barker (A Firm); Second Defendant: Harben Barker Limited
Jurisdiction
England and Wales
Judgment Date
14 June 2013
Procedural Posture
Civil / Post Judgment Costs and Consequential Orders
Outcome
Costs and consequential orders issued post-judgment.
Legal Topics
Part 36 Offers, Indemnity Costs, Disclosure Orders, Interest on Judgment, Interim Payments, Issue Based Costs Orders
Professional Negligence Costs Part 36 Offers Indemnity Costs Disclosure Orders Interest on Judgment Interim Payments Issue Based Costs Orders

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Parties

Hossein Mehjoo

Claimant

Harben Barker (A Firm)

First Defendant

Harben Barker Limited

Second Defendant

Procedural Posture

Civil / Post Judgment Costs and Consequential Orders

Legal Issues

  1. 1 Entitlement to costs for First Defendant
  2. 2 Basis for costs assessment against Second Defendant (standard or indemnity)
  3. 3 Deduction/set-off from Claimant's costs

Ratio Decidendi

Claimant entitled to 95% of costs against Second Defendant, assessed on standard basis up to 12 October 2012 and indemnity basis thereafter, with 10% uplift on interest post-Part 36 offer expiry; First Defendant entitled to costs against Claimant; Claimant entitled to indemnity for Grant Thornton disclosure fees; interim payment set at £1.7 million; stay granted subject to security; time for appeal set at 21 days.

Court Disposition

Costs and consequential orders issued post-judgment.

Orders

  • First Defendant awarded costs against Claimant, to be assessed if not agreed.
  • Second Defendant to pay 95% of Claimant's costs on standard basis up to 12 October 2012 and indemnity basis thereafter, with 10% interest uplift post-Part 36 offer expiry.