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)

Judgment Defendants are the successful parties as Claimants recovered less than 1% of their claim; Claimants' application to adduce late evidence was not opposed unreasonably, so costs of that application are in the case; Claimants to pay 80% of Judgment Defendants' costs, and full costs of Mrs Razi and Infiniti, reflecting Claimants' limited success and Defendants' unreasonable pre-action conduct.

Citation
[2019] EWHC 2769 (QB)
Parties
Claimant: Pepe's Piri Piri Limited; Claimant: Pepe's Franchising Limited; Defendant: Muhammad Ali Junaid; Defendant: Food Trends Limited; 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
Commercial Litigation / Post Trial Costs Judgment
Outcome
Costs judgment; Claimants ordered to pay costs as specified.
Legal Topics
Costs, Relief From Sanctions, Pre Action Conduct, Breach of Contract, Conspiracy, Expert Evidence
Civil Procedure Commercial Law Costs Relief From Sanctions Pre Action Conduct Breach of Contract Conspiracy Expert Evidence

Case Brief

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Parties

Pepe's Piri Piri Limited

Claimant

Pepe's Franchising Limited

Claimant

Muhammad Ali Junaid

Defendant

Food Trends Limited

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

Commercial Litigation / Post Trial Costs Judgment

Legal Issues

  1. 1 Appropriate costs order following judgment where claimant recovers less than 1% of claim
  2. 2 Costs of late application to adduce further evidence
  3. 3 Identification of 'successful party' for costs purposes

Ratio Decidendi

Judgment Defendants are the successful parties as Claimants recovered less than 1% of their claim; Claimants' application to adduce late evidence was not opposed unreasonably, so costs of that application are in the case; Claimants to pay 80% of Judgment Defendants' costs, and full costs of Mrs Razi and Infiniti, reflecting Claimants' limited success and Defendants' unreasonable pre-action conduct.

Court Disposition

Costs judgment; Claimants ordered to pay costs as specified.

Orders

  • Costs of Claimants' application of 5 March 2019 are in the case.
  • Claimants to pay costs of Mrs Razi and Infiniti Foods Limited, assessed on standard basis if not agreed.