Sergio Mendes Costa v Dissociadid Limited & Anor.

Sergio Mendes Costa v Dissociadid Limited & Anor.

The conduct of counsel and solicitors was not improper, unreasonable, or negligent within the meaning of s.51(7)(a) Senior Courts Act 1981 or relevant case law; Mr Costa gave instructions for the jurisdiction argument and was warned of risks; wasted costs order not justified.

Parties
Claimant/applicant: Sergio Mendes Costa; Defendant/respondent: Dissociadid Limited; Defendant/respondent: Chloe Wilkinson; Respondent: John Anthony Eldridge; Respondent: Brandsmiths Solicitors
Jurisdiction
England and Wales
Judgment Date
16 January 2023
Procedural Posture
Application for Wasted Costs Order / Judgment on the Papers
Outcome
Application for wasted costs order dismissed.
Legal Topics
Wasted Costs, Jurisdiction, Mandatory Injunction, Professional Negligence
Civil Procedure Costs Wasted Costs Jurisdiction Mandatory Injunction Professional Negligence

Case Brief

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Parties

Sergio Mendes Costa

Claimant/applicant

Dissociadid Limited

Defendant/respondent

Chloe Wilkinson

Defendant/respondent

John Anthony Eldridge

Respondent

Brandsmiths Solicitors

Respondent

Procedural Posture

Application for Wasted Costs Order / Judgment on the Papers

Legal Issues

  1. 1 Whether conduct of counsel and solicitors justified a wasted costs order
  2. 2 Whether late argument on jurisdiction constituted improper, unreasonable, or negligent conduct

Ratio Decidendi

The conduct of counsel and solicitors was not improper, unreasonable, or negligent within the meaning of s.51(7)(a) Senior Courts Act 1981 or relevant case law; Mr Costa gave instructions for the jurisdiction argument and was warned of risks; wasted costs order not justified.

Court Disposition

Application for wasted costs order dismissed.

Orders

  • Mr Costa's application, in both original and amended form, is dismissed.