Palizban v Protech (UK) Ltd [2019] EWHC 3090 (QB) (12 November 2019)

Palizban v Protech (UK) Ltd [2019] EWHC 3090 (QB) (12 November 2019)

The Claimant and his solicitors were responsible for the predicament created by the manner and timing of disclosure, which was unreasonable and caused the Defendant to incur additional costs. The explanations provided did not justify the conduct. Therefore, the Claimant should bear his own costs and pay the Defendant's costs of the application, the relevant witness statement, and the hearing.

Citation
[2019] EWHC 3090 (QB)
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 Personal Injury / Costs Decision Following Interim Application
Outcome
Costs order against the Claimant in favour of the Defendant.
Legal Topics
Disclosure of Documents, Costs Orders, Case Management, Expert Evidence
Civil Procedure Disclosure of Documents Costs Orders Case Management Expert Evidence

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 Personal Injury / Costs Decision Following Interim Application

Legal Issues

  1. 1 Whether the Claimant should bear the costs of the Defendant's application to vary directions and extend time for expert evidence exchange due to the manner and timing of disclosure

Ratio Decidendi

The Claimant and his solicitors were responsible for the predicament created by the manner and timing of disclosure, which was unreasonable and caused the Defendant to incur additional costs. The explanations provided did not justify the conduct. Therefore, the Claimant should bear his own costs and pay the Defendant's costs of the application, the relevant witness statement, and the hearing.

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.