Baldudak v Matteo (Re Costs) [2024] EWHC 301 (Ch) (15 February 2024)

Baldudak v Matteo (Re Costs) [2024] EWHC 301 (Ch) (15 February 2024)

Claimant is the successful party and entitled to costs; reduction of 15% applied due to conduct regarding disclosure and non-reliance on witness statement; Defendant's arguments for set-off or stay rejected; payment on account of £90,000 ordered.

Citation
[2024] EWHC 301 (Ch)
Parties
Claimant: Mustafa Erdem Baldudak; Defendant: Mark Matteo
Jurisdiction
England and Wales
Judgment Date
15 February 2024
Procedural Posture
Property, Trusts and Probate / Post Trial Costs Judgment
Outcome
Claimant awarded 85% of his costs, assessed on the standard basis if not agreed; Defendant ordered to pay £90,000 on account of costs.
Legal Topics
Resulting Trusts, Issue Estoppel, Election, Costs Orders, Disclosure Obligations
Property Law Trusts Law Civil Procedure Resulting Trusts Issue Estoppel Election Costs Orders Disclosure Obligations

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 7 Authorities cited 12 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Mustafa Erdem Baldudak

Claimant

Mark Matteo

Defendant

Procedural Posture

Property, Trusts and Probate / Post Trial Costs Judgment

Legal Issues

  1. 1 Who is the successful party for costs purposes?
  2. 2 Should the Claimant's costs be reduced due to conduct and non-disclosure?
  3. 3 Is the Claimant entitled to a payment on account of costs?

Ratio Decidendi

Claimant is the successful party and entitled to costs; reduction of 15% applied due to conduct regarding disclosure and non-reliance on witness statement; Defendant's arguments for set-off or stay rejected; payment on account of £90,000 ordered.

Court Disposition

Claimant awarded 85% of his costs, assessed on the standard basis if not agreed; Defendant ordered to pay £90,000 on account of costs.

Orders

  • Defendant to pay 85% of Claimant's costs, assessed on the standard basis if not agreed.
  • Defendant to pay £90,000 on account of Claimant's costs.