R G Spiller Ltd v Derhalli & Anor [2014] EWHC 2458 (TCC) (08 July 2014)

R G Spiller Ltd v Derhalli & Anor [2014] EWHC 2458 (TCC) (08 July 2014)

The claimant was not justified in seeking the injunction without giving the defendants an opportunity to confirm they would not call the bond; the application for costs was unsuccessful and the claimant must pay the defendants' costs of the application.

Citation
[2014] EWHC 2458 (TCC)
Parties
Claimant: R G Spiller Ltd.; Defendant: Kerim Derhalli; Defendant: Jayne Derhalli
Jurisdiction
England and Wales
Judgment Date
08 July 2014
Procedural Posture
Application for Costs Following Injunction Proceedings / Post Consent Order, Costs Determination
Outcome
Claimant's application for costs dismissed; claimant ordered to pay defendants' costs of the application dated 1 July 2014 on the standard basis.
Legal Topics
Performance Bonds, Injunctions, Costs Orders, Consent Orders, Issue Estoppel
Construction Law Civil Procedure Performance Bonds Injunctions Costs Orders Consent Orders Issue Estoppel

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Parties

R G Spiller Ltd.

Claimant

Kerim Derhalli

Defendant

Jayne Derhalli

Defendant

Procedural Posture

Application for Costs Following Injunction Proceedings / Post Consent Order, Costs Determination

Legal Issues

  1. 1 Whether the claimant is entitled to costs following a consent order for injunction
  2. 2 Whether the conduct of parties justifies a costs order
  3. 3 Whether issue estoppel arises from the consent order

Ratio Decidendi

The claimant was not justified in seeking the injunction without giving the defendants an opportunity to confirm they would not call the bond; the application for costs was unsuccessful and the claimant must pay the defendants' costs of the application.

Court Disposition

Claimant's application for costs dismissed; claimant ordered to pay defendants' costs of the application dated 1 July 2014 on the standard basis.

Orders

  • Claimant to pay defendants' costs of and occasioned by the application dated 1 July 2014, to be assessed on the standard basis.