HFI Farnborough LLP & Ors v Park Garage Group Plc [2013] EWHC 6 (Ch) (11 January 2013)

HFI Farnborough LLP & Ors v Park Garage Group Plc [2013] EWHC 6 (Ch) (11 January 2013)

The valuation and mesne profits issues were discrete and not necessary to the main issues. Park did not succeed on these issues, so it would not be fair for HFI to pay Park's costs for them. HFI is ordered to pay 80% of Park's remaining costs, excluding the expert's costs on valuation and mesne profits.

Citation
[2013] EWHC 6 (Ch)
Parties
Claimant: HFI Farnborough LLP; Claimant: HFI Knights Hill LLP; Claimant: HFI Romsey LLP; Claimant: HFI Wimbourne LLP; Defendant: Park Garage Group PLC
Jurisdiction
England and Wales
Judgment Date
11 January 2013
Procedural Posture
Civil / Judgment on Costs and Permission to Appeal
Outcome
Costs order in favour of Park Garage Group PLC with reductions; permission to appeal granted to both parties on specified issues.
Legal Topics
Costs, Permission to Appeal, Issue Based Costs Orders, Valuation, Mesne Profits
Civil Procedure Contract Law Costs Permission to Appeal Issue Based Costs Orders Valuation Mesne Profits

Case Brief

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Parties

HFI Farnborough LLP

Claimant

HFI Knights Hill LLP

Claimant

HFI Romsey LLP

Claimant

HFI Wimbourne LLP

Claimant

Park Garage Group PLC

Defendant

Procedural Posture

Civil / Judgment on Costs and Permission to Appeal

Legal Issues

  1. 1 Whether costs should be awarded on an issue-based basis or in accordance with the general rule that the unsuccessful party pays the successful party's costs
  2. 2 Whether permission to appeal should be granted on construction and rectification issues

Ratio Decidendi

The valuation and mesne profits issues were discrete and not necessary to the main issues. Park did not succeed on these issues, so it would not be fair for HFI to pay Park's costs for them. HFI is ordered to pay 80% of Park's remaining costs, excluding the expert's costs on valuation and mesne profits.

Court Disposition

Costs order in favour of Park Garage Group PLC with reductions; permission to appeal granted to both parties on specified issues.

Orders

  • No order as to costs for Park's expert (David Hunter) in the sum of £27,576.48.
  • HFI to pay 80% of Park's remaining costs (solicitors and counsel fees), assessed if not agreed, on the standard basis.