Dorothy Moradi v The Home Office

Dorothy Moradi v The Home Office

The claimant was the successful party and entitled to costs, but her unreasonable failure to negotiate for nine months justified a reduction. The defendant is to pay the claimant’s reasonable costs up to 21 December 2021 and 66% of her reasonable costs thereafter, reflecting a fair and proportionate adjustment for...

Source-derived case information.

Parties
Claimant: Dorothy Moradi; Defendant: The Home Office
Jurisdiction
England and Wales
Judgment Date
05 December 2022
Procedural Posture
Civil / Post Settlement Costs Determination
Outcome
Defendant to pay claimant's reasonable costs up to 21 December 2021 and 66% of reasonable costs thereafter; payment on account of £30,000 approved.
Legal Topics
Unlawful Detention, Costs Orders, Settlement, Part 36 Offers, Litigation Conduct
Civil Procedure Tort Law Unlawful Detention Costs Orders Settlement Part 36 Offers Litigation Conduct

Source-derived case record

Summary, issues, holding and outcome

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Parties

Dorothy Moradi

Claimant

The Home Office

Defendant

Procedural Posture

Civil / Post Settlement Costs Determination

Legal Issues

  1. 1 What is the appropriate costs order following late acceptance of a Part 36 offer shortly before trial?
  2. 2 Did the claimant's conduct in failing to negotiate for nine months justify a reduction in recoverable costs?

Ratio Decidendi

The claimant was the successful party and entitled to costs, but her unreasonable failure to negotiate for nine months justified a reduction. The defendant is to pay the claimant’s reasonable costs up to 21 December 2021 and 66% of her reasonable costs thereafter, reflecting a fair and proportionate adjustment for her conduct.

Court Disposition

Defendant to pay claimant's reasonable costs up to 21 December 2021 and 66% of reasonable costs thereafter; payment on account of £30,000 approved.

Orders

  • Defendant to pay claimant’s reasonable costs up to 21 December 2021.
  • Defendant to pay 66% of claimant’s reasonable costs from 21 December 2021 to 14 October 2022.