Persaud & Anor v Persaud & Ors

Persaud & Anor v Persaud & Ors

There was no breach of duty to the court by counsel for the claimants; the conduct did not amount to an abuse of process or impropriety justifying a wasted costs order. The judge's exercise of discretion in refusing the order was correct and should not be interfered with.

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
Civil Appeal / Appeal From Queen's Bench Division to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Wasted Costs Orders, Breach of Duty to Court, Legal Aid, Abuse of Process
Civil Procedure Legal Profession Wasted Costs Orders Breach of 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

Civil Appeal / Appeal From Queen's Bench Division to Court of Appeal

Legal Issues

  1. 1 Whether counsel for the claimants was in breach of duty to the court justifying a wasted costs order
  2. 2 Whether the claims advanced were so untenable as to amount to an abuse of process
  3. 3 Whether the judge erred in refusing to make a wasted costs order

Ratio Decidendi

There was no breach of duty to the court by counsel for the claimants; the conduct did not amount to an abuse of process or impropriety justifying a wasted costs order. The judge's exercise of discretion in refusing the order was correct and should not be interfered with.

Court Disposition

Appeal dismissed

Orders

  • Costs in the Court of Appeal assessed at £7,000 to be paid by the unsuccessful defendants
  • Costs before Silber J assessed at £6,900 to be paid by the unsuccessful defendants