Palizban v Protech (UK) Ltd

Palizban v Protech (UK) Ltd

The Claimant and his solicitors were responsible for the predicament created by disorderly and sporadic disclosure, which justified the Defendant's application and a costs order against the Claimant.

Parties
Claimant: Mr Ali-Akbar Palizban (by his wife and litigation friend Mrs Susan Shams Moorkani); Defendant: Protech (UK) Limited
Jurisdiction
England and Wales
Judgment Date
12 November 2019
Procedural Posture
Civil / Costs Determination Following Interim Application
Outcome
Costs order against the Claimant in favour of the Defendant.
Legal Topics
Disclosure, Costs, Case Management
Civil Procedure Disclosure Costs Case Management

Case Brief

Summary, issues, holding and outcome

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Parties

Mr Ali-Akbar Palizban (by his wife and litigation friend Mrs Susan Shams Moorkani)

Claimant

Protech (UK) Limited

Defendant

Procedural Posture

Civil / Costs Determination Following Interim Application

Legal Issues

  1. 1 Whether the Claimant's conduct in disclosure justified a costs order against him
  2. 2 Whether the Defendant was justified in issuing the application for variation of directions and costs

Ratio Decidendi

The Claimant and his solicitors were responsible for the predicament created by disorderly and sporadic disclosure, which justified the Defendant's application and a costs order against the Claimant.

Court Disposition

Costs order against the Claimant in favour of the Defendant.

Orders

  • The Claimant shall bear his own costs of and occasioned by the Defendant’s application between 29 August 2019 and 1 November 2019.
  • The Claimant shall pay the Defendant’s costs of issuing the Application and the Witness Statement of Ms Marley dated 25 October 2019.