Abertawe Bro Morgannwg University Local Health Board v Iorashi

Abertawe Bro Morgannwg University Local Health Board v Iorashi

There were no grounds to depart from the usual rule on costs; the Defendant's points lacked merit. Summary assessment was refused due to estimated figures, and costs were referred to detailed assessment. Permission to enforce previous costs orders was granted.

Parties
Claimant: ABERTAWE BRO MORGANNWG UNIVERSITY LOCAL HEALTH BOARD; Defendant: Dr. Ihab Korashi
Jurisdiction
England and Wales
Judgment Date
05 March 2012
Procedural Posture
Civil / Post Judgment Application for Costs and Enforcement
Outcome
Application for costs granted; summary assessment refused; detailed assessment ordered; payment on account ordered; permission to enforce previous costs orders granted.
Legal Topics
Costs, Enforcement of Costs Orders, Summary Assessment, Detailed Assessment
Civil Procedure Costs Enforcement of Costs Orders Summary Assessment Detailed Assessment

Case Brief

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Parties

ABERTAWE BRO MORGANNWG UNIVERSITY LOCAL HEALTH BOARD

Claimant

Dr. Ihab Korashi

Defendant

Procedural Posture

Civil / Post Judgment Application for Costs and Enforcement

Legal Issues

  1. 1 Whether the unsuccessful party should pay the costs of the application
  2. 2 Whether summary assessment of costs is appropriate
  3. 3 Whether permission should be granted to enforce previous costs orders

Ratio Decidendi

There were no grounds to depart from the usual rule on costs; the Defendant's points lacked merit. Summary assessment was refused due to estimated figures, and costs were referred to detailed assessment. Permission to enforce previous costs orders was granted.

Court Disposition

Application for costs granted; summary assessment refused; detailed assessment ordered; payment on account ordered; permission to enforce previous costs orders granted.

Orders

  • Costs referred to detailed assessment on the standard basis if not agreed.
  • Dr Korashi to pay £10,000 on account of costs by 4 pm on 30 March 2012.