Pepe's Piri Piri Ltd & Anor v Muhammad Ali Junaid Food Trends Ltd (Now Dissolved) & Ors[2019] EWHC 2769 (QB) (29 October 2019)

Pepe's Piri Piri Ltd & Anor v Muhammad Ali Junaid Food Trends Ltd (Now Dissolved) & Ors[2019] EWHC 2769 (QB) (29 October 2019)

The Judgment Defendants are the successful parties as the Claimants recovered less than 1% of the amount claimed; accordingly, the Claimants must pay 80% of the Judgment Defendants' costs, with a 20% reduction to reflect the Claimants' limited success on liability and the Defendants' unreasonable conduct in pre-action correspondence and aspects of their defence. The costs of the Claimants' application of 5 March 2019 are to be in the case.

Citation
[2019] EWHC 2769
Parties
Claimant: Pepe's Piri Piri Limited; Claimant: Pepe's Franchising Limited; Defendant: Muhammad Ali Junaid; Defendant: Food Trends Limited (now dissolved); Defendant: Optimum Services Intelligence Limited; Defendant: Syed Adib Amhad; Defendant: Syed Hasib Ahmad; Defendant: Razi Siddiqui; Defendant: Infiniti Foods Limited; Defendant: Khudeja Razi; Defendant: Optifoods GSN Limited
Jurisdiction
England and Wales
Judgment Date
29 October 2019
Procedural Posture
Civil / Post Trial Costs Judgment
Outcome
Claimants to pay the costs of Mrs Razi and Infiniti Foods Limited in full; Claimants to pay 80% of the Judgment Defendants' costs; costs of the Claimants' 5 March 2019 application to be in the case; no order for payment on account of costs.
Legal Topics
Costs, Relief From Sanctions, Pre Action Protocol, Procuring Breach of Contract, Conspiracy, Expert Evidence
Civil Procedure Commercial Law Costs Relief From Sanctions Pre Action Protocol Procuring Breach of Contract Conspiracy Expert Evidence

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 5 Authorities cited 20 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Pepe's Piri Piri Limited

Claimant

Pepe's Franchising Limited

Claimant

Muhammad Ali Junaid

Defendant

Food Trends Limited (now dissolved)

Defendant

Optimum Services Intelligence Limited

Defendant

Syed Adib Amhad

Defendant

Syed Hasib Ahmad

Defendant

Razi Siddiqui

Defendant

Infiniti Foods Limited

Defendant

Khudeja Razi

Defendant

Optifoods GSN Limited

Defendant

Procedural Posture

Civil / Post Trial Costs Judgment

Legal Issues

  1. 1 What order as to costs should be made in respect of the Claimants' application dated 5 March 2019?
  2. 2 What order should be made in respect of the costs of the claim generally?

Ratio Decidendi

The Judgment Defendants are the successful parties as the Claimants recovered less than 1% of the amount claimed; accordingly, the Claimants must pay 80% of the Judgment Defendants' costs, with a 20% reduction to reflect the Claimants' limited success on liability and the Defendants' unreasonable conduct in pre-action correspondence and aspects of their defence. The costs of the Claimants' application of 5 March 2019 are to be in the case.

Court Disposition

Claimants to pay the costs of Mrs Razi and Infiniti Foods Limited in full; Claimants to pay 80% of the Judgment Defendants' costs; costs of the Claimants' 5 March 2019 application to be in the case; no order for payment on account of costs.

Orders

  • Claimants to pay the costs of Mrs Razi and Infiniti Foods Limited, assessed on the standard basis if not agreed.
  • Claimants to pay 80% of the Judgment Defendants' costs, assessed on the standard basis if not agreed.