AVB v TDD [2014] EWHC 1663 (QB) (20 May 2014)

AVB v TDD [2014] EWHC 1663 (QB) (20 May 2014)

The Defendant has achieved greater overall success than the Claimant, whose provocative and unreasonable conduct gave rise to the action; costs orders must reflect conduct, partial success, and offers to settle.

Citation
[2014] EWHC 1663
Parties
Claimant: AVB; Defendant: TDD
Jurisdiction
England and Wales
Judgment Date
20 May 2014
Procedural Posture
Costs Determination Following Trial / Post Judgment Costs Order
Outcome
Costs apportioned: Defendant to pay Claimant's costs for 24 May 2013 application and enforcement of November/December 2013 orders; no order as to costs for 24 May 2013 to 26 March 2014 (except enforcement); Claimant to pay Defendant's costs after 26 March 2014.
Legal Topics
Costs, Conduct of Parties, Injunctions, Harassment, Contract
Civil Procedure Costs Conduct of Parties Injunctions Harassment Contract

Case Brief

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Parties

AVB

Claimant

TDD

Defendant

Procedural Posture

Costs Determination Following Trial / Post Judgment Costs Order

Legal Issues

  1. 1 Who succeeded in the action for purposes of costs
  2. 2 Relevance of conduct of parties to costs
  3. 3 Effect of admissible offers to settle on costs

Ratio Decidendi

The Defendant has achieved greater overall success than the Claimant, whose provocative and unreasonable conduct gave rise to the action; costs orders must reflect conduct, partial success, and offers to settle.

Court Disposition

Costs apportioned: Defendant to pay Claimant's costs for 24 May 2013 application and enforcement of November/December 2013 orders; no order as to costs for 24 May 2013 to 26 March 2014 (except enforcement); Claimant to pay Defendant's costs after 26 March 2014.

Orders

  • Defendant to pay Claimant's costs of 24 May 2013 application.
  • Defendant to pay Claimant's costs of enforcement of November/December 2013 orders.