Berezovsky v Abramovich

Berezovsky v Abramovich

The trial judge did not err in principle in his approach to costs. Even if the pleadings had been amended earlier, the respondent would have continued to pursue the strike-out applications. The judge's exercise of discretion was within the permissible bounds, and there was no basis to interfere with his costs order.

Parties
Appellant: Berezovsky; Respondent: Abramovich
Jurisdiction
England and Wales
Judgment Date
24 March 2011
Procedural Posture
Civil Appeal / Appeal on Costs After Interlocutory Applications
Outcome
Appeal dismissed
Legal Topics
Costs, Amendment of Pleadings, Strike Out Applications
Civil Procedure Costs Amendment of Pleadings Strike Out Applications

Case Brief

Summary, issues, holding and outcome

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Parties

Berezovsky

Appellant

Abramovich

Respondent

Procedural Posture

Civil Appeal / Appeal on Costs After Interlocutory Applications

Legal Issues

  1. 1 Whether the costs order made by the trial judge was correct in light of late amendments to pleadings and the conduct of strike-out applications

Ratio Decidendi

The trial judge did not err in principle in his approach to costs. Even if the pleadings had been amended earlier, the respondent would have continued to pursue the strike-out applications. The judge's exercise of discretion was within the permissible bounds, and there was no basis to interfere with his costs order.

Court Disposition

Appeal dismissed

Orders

  • Permission to appeal granted
  • Appeal on costs dismissed