UK Sovereign Investments Ltd v Elias Hussain

UK Sovereign Investments Ltd v Elias Hussain

The court found that, absent a detailed assessment, it could not conclude the bill was exaggerated or that the Claimant's conduct was unreasonable. The rules do not provide that a bill reduced below £75,000 must be subject to the provisional assessment cap. The Claimant's costs are not limited or capped as contended...

Source-derived case information.

Parties
Claimant: UK Sovereign Investments Ltd; Defendant: Elias Hussain
Jurisdiction
England and Wales
Judgment Date
07 September 2022
Procedural Posture
Costs Assessment / Judgment on Costs of Assessment
Outcome
Claimant's costs not capped; assessed at reduced amount
Legal Topics
Detailed Assessment, Provisional Assessment, Costs Capping, Settlement of Costs
Civil Procedure Costs Detailed Assessment Provisional Assessment Costs Capping Settlement of Costs

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Parties

UK Sovereign Investments Ltd

Claimant

Elias Hussain

Defendant

Procedural Posture

Costs Assessment / Judgment on Costs of Assessment

Legal Issues

  1. 1 Whether the costs of assessment should be limited to the provisional assessment cap under CPR 47.15 or allowed as detailed assessment costs under CPR 47.20

Ratio Decidendi

The court found that, absent a detailed assessment, it could not conclude the bill was exaggerated or that the Claimant's conduct was unreasonable. The rules do not provide that a bill reduced below £75,000 must be subject to the provisional assessment cap. The Claimant's costs are not limited or capped as contended by the Defendant.

Court Disposition

Claimant's costs not capped; assessed at reduced amount

Orders

  • Claimant awarded £12,456 for costs of assessment (including VAT and court fee)
  • Interest to run from 14 April 2022