HFI Farnborough LLP & Ors v Park Garage Group Plc

HFI Farnborough LLP & Ors v Park Garage Group Plc

Costs relating to discrete valuation and mesne profits issues should not be awarded to Park as Park did not succeed on these; HFI to pay 80% of remaining costs. Permission to appeal granted to HFI on construction and rectification issues, not on valuation or mesne profits.

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 / Post Judgment (costs and Permission to Appeal)
Outcome
Costs apportioned; permission to appeal granted.
Legal Topics
Costs, Permission to Appeal, Valuation, Mesne Profits, Construction of Contracts, Rectification
Civil Procedure Property Law Costs Permission to Appeal Valuation Mesne Profits Construction of Contracts Rectification

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 3 Authorities cited 6 Party arguments 2 Amounts and remedies 4
Sign in to unlock

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 / Post Judgment (costs and Permission to Appeal)

Legal Issues

  1. 1 Who should bear the costs of the action?
  2. 2 Should costs be apportioned based on discrete issues?
  3. 3 Is permission to appeal warranted on construction and rectification issues?

Ratio Decidendi

Costs relating to discrete valuation and mesne profits issues should not be awarded to Park as Park did not succeed on these; HFI to pay 80% of remaining costs. Permission to appeal granted to HFI on construction and rectification issues, not on valuation or mesne profits.

Court Disposition

Costs apportioned; permission to appeal granted.

Orders

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