Cobussen Principal Investment Holdings Ltd v Akbar & Ors

Cobussen Principal Investment Holdings Ltd v Akbar & Ors

Mr. Akbar's conduct was dishonest and out of the norm, justifying indemnity costs. Legacy Holdings Limited's failures in disclosure and reliance on Mr. Akbar also justify indemnity costs. Mrs. Akbar's minimal involvement does not warrant a costs order. Declaration granted that Mr. Akbar is sole beneficial owner of Legacy Holdings Limited.

Parties
Claimant: Cobussen Principal Investment Holdings Limited; First Defendant: Ghouse Akbar; Second Defendant: Legacy Holdings Limited; Third Defendant: Mehreen Akbar
Jurisdiction
England and Wales
Judgment Date
29 December 2020
Procedural Posture
Civil / Post Judgment Costs and Form of Order Determination
Outcome
Costs awarded on indemnity basis against Mr. Akbar and Legacy Holdings Limited; no costs order against Mrs. Akbar; declaration granted; interim payment ordered.
Legal Topics
Indemnity Costs, Beneficial Ownership, Disclosure, Charging Order, Interim Payment
Civil Procedure Costs Trusts Indemnity Costs Beneficial Ownership Disclosure Charging Order Interim Payment

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Parties

Cobussen Principal Investment Holdings Limited

Claimant

Ghouse Akbar

First Defendant

Legacy Holdings Limited

Second Defendant

Mehreen Akbar

Third Defendant

Procedural Posture

Civil / Post Judgment Costs and Form of Order Determination

Legal Issues

  1. 1 Basis for assessment of costs against Mr. Akbar and Legacy Holdings Limited
  2. 2 Effect of late offers on costs
  3. 3 Appropriateness of costs order against Mrs. Akbar

Ratio Decidendi

Mr. Akbar's conduct was dishonest and out of the norm, justifying indemnity costs. Legacy Holdings Limited's failures in disclosure and reliance on Mr. Akbar also justify indemnity costs. Mrs. Akbar's minimal involvement does not warrant a costs order. Declaration granted that Mr. Akbar is sole beneficial owner of Legacy Holdings Limited.

Court Disposition

Costs awarded on indemnity basis against Mr. Akbar and Legacy Holdings Limited; no costs order against Mrs. Akbar; declaration granted; interim payment ordered.

Orders

  • Claimant awarded costs against Mr. Akbar and Legacy Holdings Limited on indemnity basis.
  • No costs order against Mrs. Akbar.