Tanka Thakali & Ors v Navin Kumar Gauchan & Anor

Tanka Thakali & Ors v Navin Kumar Gauchan & Anor

Claimants are awarded their costs of the detailed assessment proceedings on the standard basis, except for the costs of the hearing on 25 May 2023, which are disallowed due to the claimants’ failure to address retainer issues at the first hearing. Indemnity basis is not justified as defendants’ conduct was not out of the norm. Quantum of costs is reduced to £21,339.08 as reasonable and proportionate.

Parties
Claimant: Tanka Thakali & Nagendra Gauchan; Claimant: Khim Prasad Gauchan & Others; Claimant: Thakali Welfare Society UK Limited; Defendant: Navin Kumar Gauchan; Defendant: Basudha Gauchan
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Detailed Assessment of Costs / Post Trial, Costs Assessment
Outcome
Claimants awarded costs of detailed assessment proceedings on standard basis, except for costs of hearing on 25 May 2023, which are disallowed.
Legal Topics
Detailed Assessment, Costs Orders, CPR 47.20, Interest on Costs
Civil Procedure Costs Detailed Assessment Costs Orders CPR 47.20 Interest on Costs

Case Brief

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Parties

Tanka Thakali & Nagendra Gauchan

Claimant

Khim Prasad Gauchan & Others

Claimant

Thakali Welfare Society UK Limited

Claimant

Navin Kumar Gauchan

Defendant

Basudha Gauchan

Defendant

Procedural Posture

Detailed Assessment of Costs / Post Trial, Costs Assessment

Legal Issues

  1. 1 Who should bear the costs of the detailed assessment proceedings?
  2. 2 Should any part of the costs be disallowed due to conduct or procedural issues?
  3. 3 Is an indemnity basis order justified?

Ratio Decidendi

Claimants are awarded their costs of the detailed assessment proceedings on the standard basis, except for the costs of the hearing on 25 May 2023, which are disallowed due to the claimants’ failure to address retainer issues at the first hearing. Indemnity basis is not justified as defendants’ conduct was not out of the norm. Quantum of costs is reduced to £21,339.08 as reasonable and proportionate.

Court Disposition

Claimants awarded costs of detailed assessment proceedings on standard basis, except for costs of hearing on 25 May 2023, which are disallowed.

Orders

  • Claimants to recover £21,339.08 as costs of the detailed assessment proceedings.
  • No order for indemnity costs.