Pepe's Piri Piri Ltd & Anor v Muhammad Ali Junaid Food Trends Ltd (Now Dissolved) & Ors

Pepe's Piri Piri Ltd & Anor v Muhammad Ali Junaid Food Trends Ltd (Now Dissolved) & Ors

Judgment Defendants are the successful parties for costs purposes as Claimants recovered less than 1% of the claimed sum; Claimants’ application of 5 March 2019 was not made promptly but new evidence was responsive to Defendants’ expert, so costs of that application are in the case; Claimants must pay 80% of Judgment Defendants’ costs, with a 20% reduction reflecting Claimants’ partial success on liability and Defendants’ unreasonable conduct in pre-action correspondence and defence; Claimants must pay full costs of Infiniti Foods Limited and Khudeja Razi.

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
Civil / Post Trial Costs Ruling
Outcome
Costs ruling: Claimants to pay costs as specified.
Legal Topics
Costs, Relief From Sanctions, Breach of Contract, Conspiracy, Pre Action Protocol, CPR Compliance
Civil Procedure Contract Law Tort Law Costs Relief From Sanctions Breach of Contract Conspiracy Pre Action Protocol +1 more

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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

Civil / Post Trial Costs Ruling

Legal Issues

  1. 1 What costs order should be made regarding the Claimants’ application dated 5 March 2019?
  2. 2 What costs order should be made regarding the costs of the claim generally?
  3. 3 Who is the successful party for the purpose of costs?

Ratio Decidendi

Judgment Defendants are the successful parties for costs purposes as Claimants recovered less than 1% of the claimed sum; Claimants’ application of 5 March 2019 was not made promptly but new evidence was responsive to Defendants’ expert, so costs of that application are in the case; Claimants must pay 80% of Judgment Defendants’ costs, with a 20% reduction reflecting Claimants’ partial success on liability and Defendants’ unreasonable conduct in pre-action correspondence and defence; Claimants must pay full costs of Infiniti Foods Limited and Khudeja Razi.

Court Disposition

Costs ruling: Claimants to pay costs as specified.

Orders

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