Persaud & Anor v Persaud & Ors [2003] EWCA Civ 394 (06 March 2003)

Persaud & Anor v Persaud & Ors [2003] EWCA Civ 394 (06 March 2003)

There was no breach of duty to the court by Mr Dulovic; negligence or poor assessment of prospects does not suffice for a wasted costs order absent abuse of process or serious impropriety. The judge's refusal to make a wasted costs order was within his discretion and should not be interfered with.

Citation
[2003] EWCA Civ 394
Parties
Claimant/respondent: Luke Persaud; Claimant/respondent: John Persaud; Defendant/appellant: Mohan Persaud; Defendant/appellant: Milan Dulovic; Defendant/appellant: Stephen Persaud
Jurisdiction
England and Wales
Judgment Date
06 March 2003
Procedural Posture
Appeal / Appeal From Queen's Bench Division, Wasted Costs Application
Outcome
Appeal dismissed
Legal Topics
Wasted Costs Orders, Duty to Court, Legal Aid, Abuse of Process
Civil Procedure Professional Responsibility Wasted Costs Orders Duty to Court Legal Aid Abuse of Process

Case Brief

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Parties

Luke Persaud

Claimant/respondent

John Persaud

Claimant/respondent

Mohan Persaud

Defendant/appellant

Milan Dulovic

Defendant/appellant

Stephen Persaud

Defendant/appellant

Procedural Posture

Appeal / Appeal From Queen's Bench Division, Wasted Costs Application

Legal Issues

  1. 1 Whether counsel's conduct justified a wasted costs order
  2. 2 Whether breach of duty to the court occurred
  3. 3 Whether negligence or impropriety sufficed for wasted costs jurisdiction

Ratio Decidendi

There was no breach of duty to the court by Mr Dulovic; negligence or poor assessment of prospects does not suffice for a wasted costs order absent abuse of process or serious impropriety. The judge's refusal to make a wasted costs order was within his discretion and should not be interfered with.

Court Disposition

Appeal dismissed

Orders

  • Costs in Court of Appeal reduced to £7,000, payable by unsuccessful defendants
  • Costs before Silber J reduced to £6,900, payable by unsuccessful defendants