Kevin Cooper & Ors v Ludgate House Limited

Kevin Cooper & Ors v Ludgate House Limited

The Claimants were the successful parties but not wholly successful, as they established liability and obtained substantial damages but failed to obtain an injunction. The Defendant's Part 36 offers did not alter the costs position because the Claimants either beat the offers (Powells) or the Defendant failed to prove its offer was more advantageous (Cooper). The Defendant's November 2024 offer was a valid Part 36 offer, but the burden of proving it was not beaten was not discharged.

Parties
Claimant: Kevin Cooper; Claimant: Stephen Powell; Claimant: Jennifer Powell; Defendant: Ludgate House Limited
Jurisdiction
England and Wales
Judgment Date
03 May 2026
Procedural Posture
Civil / Post Judgment; Determination of Costs Following Judgment and Damages Award
Outcome
Claimants awarded costs in part; Defendant's Part 36 offers did not shift costs liability.
Legal Topics
Rights to Light, Damages in Lieu of Injunction, Costs Orders, Part 36 Offers, Nuisance, Statutory Compensation
Property Law Civil Procedure Rights to Light Damages in Lieu of Injunction Costs Orders Part 36 Offers Nuisance Statutory Compensation

Case Brief

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Parties

Kevin Cooper

Claimant

Stephen Powell

Claimant

Jennifer Powell

Claimant

Ludgate House Limited

Defendant

Procedural Posture

Civil / Post Judgment; Determination of Costs Following Judgment and Damages Award

Legal Issues

  1. 1 Who is the successful party for the purposes of CPR rule 44.2?
  2. 2 What is the impact of the Defendant's Part 36 offers on costs?
  3. 3 Was the Defendant's November 2024 offer a valid Part 36 offer?

Ratio Decidendi

The Claimants were the successful parties but not wholly successful, as they established liability and obtained substantial damages but failed to obtain an injunction. The Defendant's Part 36 offers did not alter the costs position because the Claimants either beat the offers (Powells) or the Defendant failed to prove its offer was more advantageous (Cooper). The Defendant's November 2024 offer was a valid Part 36 offer, but the burden of proving it was not beaten was not discharged.

Court Disposition

Claimants awarded costs in part; Defendant's Part 36 offers did not shift costs liability.

Orders

  • Mr and Mrs Powell awarded two-thirds of their costs of their claim.
  • Mr Cooper awarded one-third of his costs of his claim.