Ramzan v Brookwide Ltd (Ancillary Matters)

Ramzan v Brookwide Ltd (Ancillary Matters)

The appellant is entitled to its costs of the appeal as the successful party, and costs are to be set off against the unsatisfied part of the judgment and outstanding costs orders, but only once agreed or assessed.

Source-derived case information.

Parties
Appellant: Ausman Ramzan; Respondent: Brookwide Ltd
Jurisdiction
England and Wales
Judgment Date
19 August 2011
Procedural Posture
Civil Appeal / Judgment on Ancillary Matters
Outcome
Appellant awarded costs of the appeal; no interim payment directed; costs to be set off against unsatisfied judgment and outstanding costs orders once agreed or assessed; liberty to apply to Chancery Master in case of difficulty.
Legal Topics
Costs, Set Off, Appeal
Civil Procedure Costs Set Off Appeal

Source-derived case record

Summary, issues, holding and outcome

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Parties

Ausman Ramzan

Appellant

Brookwide Ltd

Respondent

Procedural Posture

Civil Appeal / Judgment on Ancillary Matters

Legal Issues

  1. 1 Whether the appellant is entitled to costs after securing a substantial reduction in the judgment amount
  2. 2 Whether an interim payment on account of costs should be directed
  3. 3 How set-off of costs and outstanding judgments should be managed

Ratio Decidendi

The appellant is entitled to its costs of the appeal as the successful party, and costs are to be set off against the unsatisfied part of the judgment and outstanding costs orders, but only once agreed or assessed.

Court Disposition

Appellant awarded costs of the appeal; no interim payment directed; costs to be set off against unsatisfied judgment and outstanding costs orders once agreed or assessed; liberty to apply to Chancery Master in case of difficulty.

Orders

  • Appellant awarded costs of the appeal
  • No interim payment on account of costs