Aujla v Sanghera

Aujla v Sanghera

The recorder's order as to costs was based on an incorrect premise that there was no true winner, but since Mr Sanghera was the winner, costs should follow the event and be awarded to him.

Parties
Claimant: Harcharan Singh Aujla; Defendant: Gurmej Singh Sanghera
Jurisdiction
England and Wales
Judgment Date
23 January 2004
Procedural Posture
Civil Appeal / Appeal From County Court Judgment on Costs
Outcome
appeal allowed
Legal Topics
Costs, Discretion of Court, Credibility of Witnesses
Civil Procedure Costs Discretion of Court Credibility of Witnesses

Case Brief

Summary, issues, holding and outcome

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Parties

Harcharan Singh Aujla

Claimant

Gurmej Singh Sanghera

Defendant

Procedural Posture

Civil Appeal / Appeal From County Court Judgment on Costs

Legal Issues

  1. 1 Whether the recorder's order as to costs should be set aside and substituted
  2. 2 Whether costs should follow the event despite credibility concerns

Ratio Decidendi

The recorder's order as to costs was based on an incorrect premise that there was no true winner, but since Mr Sanghera was the winner, costs should follow the event and be awarded to him.

Court Disposition

appeal allowed

Orders

  • Recorder's order as to costs set aside
  • Claimant to have his costs of the action before the recorder