Shaker v Al-Bedrawi & Ors [2002] EWCA Civ 1900 (2 December 2002)

Shaker v Al-Bedrawi & Ors [2002] EWCA Civ 1900 (2 December 2002)

Costs below to stand as ordered by the judge; Mr Shaker to pay costs of Steggles Palmer for the trust argument. On appeal, Mr Shaker is awarded costs except for costs of application to adduce new evidence and amendment. Indemnity costs not appropriate. Trial to be heard by a judge other than Lawrence Collins J due to potential appearance of partiality.

Citation
[2002] EWCA Civ 1900
Parties
Appellant: Shaker; First Respondent: Mohammed Al-Bedrawi; Fourth Respondents: Steggles Palmer (Fourth Respondents)
Jurisdiction
England and Wales
Judgment Date
02 December 2002
Procedural Posture
Civil Appeal / Post Judgment Costs and Directions
Outcome
Costs orders clarified; trial to be heard by a different judge; permission to appeal refused.
Legal Topics
Costs, Indemnity Costs, Preliminary Issues, Judicial Recusal, Fair Trial, Prudential Principle
Civil Procedure Trusts Law Costs Indemnity Costs Preliminary Issues Judicial Recusal Fair Trial Prudential Principle

Case Brief

Summary, issues, holding and outcome

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Parties

Shaker

Appellant

Mohammed Al-Bedrawi

First Respondent

Steggles Palmer (Fourth Respondents)

Fourth Respondents

Procedural Posture

Civil Appeal / Post Judgment Costs and Directions

Legal Issues

  1. 1 Whether costs should follow the event or be varied due to conduct and partial success
  2. 2 Whether indemnity costs are justified
  3. 3 Whether the trial judge should be recused for impartiality concerns

Ratio Decidendi

Costs below to stand as ordered by the judge; Mr Shaker to pay costs of Steggles Palmer for the trust argument. On appeal, Mr Shaker is awarded costs except for costs of application to adduce new evidence and amendment. Indemnity costs not appropriate. Trial to be heard by a judge other than Lawrence Collins J due to potential appearance of partiality.

Court Disposition

Costs orders clarified; trial to be heard by a different judge; permission to appeal refused.

Orders

  • Costs below to stand as ordered by the judge.
  • Mr Shaker to pay Steggles Palmer's costs below for trust argument.