Shah & Anor v Shah & Anor [2021] EWHC 1668 (QB) (21 June 2021)

Shah & Anor v Shah & Anor [2021] EWHC 1668 (QB) (21 June 2021)

The judge was entitled to find the claimants were the successful party despite nominal damages, the Part 36 offer was genuine, and it was not unjust to apply Part 36 consequences. The costs order was within the judge's discretion and not perverse or erroneous in law or principle.

Citation
[2021] EWHC 1668
Parties
Claimant/respondent: Mr Anup Shah; Claimant/respondent: Mrs Alpa Shah; Defendant/appellant: Mr Ketan Shah; Defendant/appellant: Mrs Deepika Shah
Jurisdiction
England and Wales
Judgment Date
21 June 2021
Procedural Posture
Appeal / Judgment on Appeal Against Costs Order
Outcome
Appeal dismissed
Legal Topics
Part 36 Offers, Costs Discretion, Nominal Damages, Family Contract Disputes
Civil Procedure Costs Part 36 Offers Costs Discretion Nominal Damages Family Contract Disputes

Case Brief

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Parties

Mr Anup Shah

Claimant/respondent

Mrs Alpa Shah

Claimant/respondent

Mr Ketan Shah

Defendant/appellant

Mrs Deepika Shah

Defendant/appellant

Procedural Posture

Appeal / Judgment on Appeal Against Costs Order

Legal Issues

  1. 1 Whether the judge erred in awarding costs to claimants after nominal damages
  2. 2 Whether the Part 36 offer was genuine and enforceable
  3. 3 Whether it was unjust to apply Part 36 consequences

Ratio Decidendi

The judge was entitled to find the claimants were the successful party despite nominal damages, the Part 36 offer was genuine, and it was not unjust to apply Part 36 consequences. The costs order was within the judge's discretion and not perverse or erroneous in law or principle.

Court Disposition

Appeal dismissed

Orders

  • Defendants to pay claimants' costs on standard basis until 12 May 2020, indemnity basis from 13 May 2020 until 19 October 2020, subject to detailed assessment if not agreed.
  • Interest on costs from 13 May 2020 until 15 October 2020 at 2.5% per annum above Bank of England base rate.