Tates (Agents) Limited & Anor v Caroline Nicholas & Anor

Tates (Agents) Limited & Anor v Caroline Nicholas & Anor

The appeal succeeded on both grounds: damages for harassment were reduced to £15,000 due to improper consideration of unpleaded matters, and the appellant's costs liability was limited to the harassment claim only, not the entire proceedings.

Parties
Claimant/respondent: Tates (Agents) Limited; Claimant/respondent: Kim Alexander Gottileb; Defendant/appellant: Caroline Nicholas; Defendant/appellant: Joesph Asombang
Jurisdiction
England and Wales
Judgment Date
17 December 2025
Procedural Posture
Appeal / Consequential Judgment Following Substantive Appeal Decision
Outcome
Appeal allowed in part; damages reduced; costs liability limited; payment on account of costs ordered.
Legal Topics
Harassment, Costs, Damages, Joint Liability, Adjournment
Civil Procedure Tort Harassment Costs Damages Joint Liability Adjournment

Case Brief

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Parties

Tates (Agents) Limited

Claimant/respondent

Kim Alexander Gottileb

Claimant/respondent

Caroline Nicholas

Defendant/appellant

Joesph Asombang

Defendant/appellant

Procedural Posture

Appeal / Consequential Judgment Following Substantive Appeal Decision

Legal Issues

  1. 1 Whether the Judge erred by taking into account unpleaded matters in determining harassment and quantifying damages
  2. 2 Whether the appellant was jointly liable for costs of proceedings when not a party to all claims
  3. 3 Entitlement to costs following reduction of damages

Ratio Decidendi

The appeal succeeded on both grounds: damages for harassment were reduced to £15,000 due to improper consideration of unpleaded matters, and the appellant's costs liability was limited to the harassment claim only, not the entire proceedings.

Court Disposition

Appeal allowed in part; damages reduced; costs liability limited; payment on account of costs ordered.

Orders

  • Damages for harassment reduced to £15,000 plus interest.
  • Appellant entitled to costs of appeal on both grounds.