Takhar v Gracefield Developments Ltd & Ors (Consequential Orders)

Takhar v Gracefield Developments Ltd & Ors (Consequential Orders)

Defendants’ conduct, including forgery and dishonesty, took the case out of the norm and justified indemnity costs; costs paid under a set aside order must be repaid; Defendants are liable for wasted trial costs due to their fraud.

Parties
Claimant: Balber Kaur Takhar; Defendant: Gracefield Developments Limited; Defendant: Kewal Singh Krishan; Defendant: Parkash Kaur Krishan
Jurisdiction
England and Wales
Judgment Date
11 November 2020
Procedural Posture
Civil / Consequential Orders Following Judgment Setting Aside Previous Order
Outcome
Claimant’s applications granted in substantial part
Legal Topics
Indemnity Costs, Setting Aside Judgment, Repayment of Costs, Interest on Costs
Civil Procedure Costs Indemnity Costs Setting Aside Judgment Repayment of Costs Interest on Costs

Case Brief

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Parties

Balber Kaur Takhar

Claimant

Gracefield Developments Limited

Defendant

Kewal Singh Krishan

Defendant

Parkash Kaur Krishan

Defendant

Procedural Posture

Civil / Consequential Orders Following Judgment Setting Aside Previous Order

Legal Issues

  1. 1 Whether costs should be assessed on the indemnity basis
  2. 2 Whether payment on account of costs should be ordered
  3. 3 Whether Defendants should repay costs previously paid by Claimant with interest

Ratio Decidendi

Defendants’ conduct, including forgery and dishonesty, took the case out of the norm and justified indemnity costs; costs paid under a set aside order must be repaid; Defendants are liable for wasted trial costs due to their fraud.

Court Disposition

Claimant’s applications granted in substantial part

Orders

  • Defendants to pay Claimant’s costs on the indemnity basis, less 10% deduction already made
  • Defendants to pay £204,623 on account of costs within 28 days, with liberty to apply