EQ Projects v Alavi

EQ Projects v Alavi

The defendant was the successful party because the claimant failed to beat the defendant's pre-action offer and two payments into court, and was unsuccessful on all key issues. The claimant's conduct, including pursuing unmeritorious claims and failing to accept reasonable offers, further justified an order for costs against the claimant. Costs from 28th November 2005 onwards are to be assessed on an indemnity basis due to the claimant's unreasonable conduct in continuing the litigation.

Parties
Claimant: E.Q. Projects; Defendant: Alavi
Jurisdiction
England and Wales
Judgment Date
06 January 2006
Procedural Posture
Civil / Post Trial Costs Determination
Outcome
Claimant to pay defendant's costs; indemnity basis from 28th November 2005 onwards.
Legal Topics
Costs, Offers to Settle, Indemnity Costs, Payments Into Court
Civil Procedure Construction Law Costs Offers to Settle Indemnity Costs Payments Into Court

Case Brief

Summary, issues, holding and outcome

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Parties

E.Q. Projects

Claimant

Alavi

Defendant

Procedural Posture

Civil / Post Trial Costs Determination

Legal Issues

  1. 1 Who is the successful party for the purposes of costs?
  2. 2 Should the claimant pay the defendant's costs?
  3. 3 Should any costs be assessed on an indemnity basis?

Ratio Decidendi

The defendant was the successful party because the claimant failed to beat the defendant's pre-action offer and two payments into court, and was unsuccessful on all key issues. The claimant's conduct, including pursuing unmeritorious claims and failing to accept reasonable offers, further justified an order for costs against the claimant. Costs from 28th November 2005 onwards are to be assessed on an indemnity basis due to the claimant's unreasonable conduct in continuing the litigation.

Court Disposition

Claimant to pay defendant's costs; indemnity basis from 28th November 2005 onwards.

Orders

  • Claimant to pay defendant's costs of the action.
  • Defendant's costs from 28th November 2005 onwards to be assessed on an indemnity basis.