Chedington Events Ltd v Nihal Mohamed Brake & Anor

Chedington Events Ltd v Nihal Mohamed Brake & Anor

Given the defendants' vigorous opposition and the complexity of the proceedings, the court exercised its discretion to award the claimant 90% of its costs on the standard basis, exceeding fixed recoverable costs. The third party was made jointly and severally liable for costs due to her active and untruthful participation. Indemnity costs were refused as the conduct was not out of the norm. Interest under section 35A was refused as a TPDO is not a cause of action against the third party. A payment on account of £20,000 was ordered, and a stay pending appeal was granted against the defendants, conditional on compliance with service rules.

Parties
Claimant: Chedington Events Ltd; First Defendant: Nihal Mohamed Brake; Second Defendant: Andrew Young Brake; Third Party: Diana Rebecca Cawley
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Third Party Debt Order (tpdo) Application (consequential Matters) / Post Judgment, Consequential Matters Following Final TPDO Determination
Outcome
Application for costs granted in part; costs awarded to claimant at 90% on standard basis; third party jointly and severally liable; payment on account ordered; interest refused; stay pending appeal granted against defendants.
Legal Topics
Third Party Debt Orders, Costs Assessment, Fixed Recoverable Costs, Interest on Judgment Debts, Stays Pending Appeal
Civil Procedure Enforcement of Judgments Third Party Debt Orders Costs Assessment Fixed Recoverable Costs Interest on Judgment Debts Stays Pending Appeal

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 23 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Chedington Events Ltd

Claimant

Nihal Mohamed Brake

First Defendant

Andrew Young Brake

Second Defendant

Diana Rebecca Cawley

Third Party

Procedural Posture

Third Party Debt Order (tpdo) Application (consequential Matters) / Post Judgment, Consequential Matters Following Final TPDO Determination

Legal Issues

  1. 1 Whether the claimant is entitled to costs exceeding fixed recoverable costs for a TPDO application
  2. 2 Whether costs should be assessed on the standard or indemnity basis
  3. 3 Whether the third party should be jointly and severally liable for costs

Ratio Decidendi

Given the defendants' vigorous opposition and the complexity of the proceedings, the court exercised its discretion to award the claimant 90% of its costs on the standard basis, exceeding fixed recoverable costs. The third party was made jointly and severally liable for costs due to her active and untruthful participation. Indemnity costs were refused as the conduct was not out of the norm. Interest under section 35A was refused as a TPDO is not a cause of action against the third party. A payment on account of £20,000 was ordered, and a stay pending appeal was granted against the defendants, conditional on compliance with service rules.

Court Disposition

Application for costs granted in part; costs awarded to claimant at 90% on standard basis; third party jointly and severally liable; payment on account ordered; interest refused; stay pending appeal granted against defendants.

Orders

  • Defendants and third party to pay 90% of claimant’s costs of the application on the standard basis, jointly and severally.
  • Defendants and third party to pay £20,000 on account of costs within 14 days.