Tamares (Vincent Square) Ltd v Fairpoint Properties (Vincent Square) Ltd

Tamares (Vincent Square) Ltd v Fairpoint Properties (Vincent Square) Ltd

The Claimant is the 'winner' as it receives damages, so is entitled to most costs, but due to unreasonable pursuit of an injunction and partial success, only 75% of costs up to judgment are awarded, with full costs for assessment.

Parties
Claimant: Tamares (Vincent Square) Limited; Defendant: Fairpoint Properties (Vincent Square) Limited
Jurisdiction
England and Wales
Judgment Date
09 March 2007
Procedural Posture
Commercial Litigation / Costs Judgment Following Liability and Damages Judgments
Outcome
Claimant awarded 75% of costs up to and including trial and judgment on the merits, and full costs for assessment; Defendant to pay interim payment of £45,000 within 28 days.
Legal Topics
Costs, Right to Light, Damages in Lieu of Injunction
Civil Procedure Property Law Costs Right to Light Damages in Lieu of Injunction

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Parties

Tamares (Vincent Square) Limited

Claimant

Fairpoint Properties (Vincent Square) Limited

Defendant

Procedural Posture

Commercial Litigation / Costs Judgment Following Liability and Damages Judgments

Legal Issues

  1. 1 Who is the successful party for costs purposes
  2. 2 Appropriate allocation of costs given partial success
  3. 3 Discretionary factors affecting costs order

Ratio Decidendi

The Claimant is the 'winner' as it receives damages, so is entitled to most costs, but due to unreasonable pursuit of an injunction and partial success, only 75% of costs up to judgment are awarded, with full costs for assessment.

Court Disposition

Claimant awarded 75% of costs up to and including trial and judgment on the merits, and full costs for assessment; Defendant to pay interim payment of £45,000 within 28 days.

Orders

  • Claimant to receive 75% of its costs up to and including trial and judgment on the merits.
  • Claimant to receive full costs for assessment of damages.