Uddin & Anor v Hussain & Anor

Uddin & Anor v Hussain & Anor

The judge erred in law by failing to apply the established principle that costs of an interim injunction to hold the ring should usually be reserved, absent special factors. No special factors justified departure from this rule, and the defendants were not properly on notice of the costs application or schedule. The order for costs must be set aside and replaced with an order reserving costs.

Parties
Applicant: Uddin and another; Respondent: Hussain and another
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Civil Appeal / Appeal Against Costs Order After Interim Injunction
Outcome
Appeal allowed
Legal Topics
Costs of Interim Injunctions, Summary Assessment of Costs, Notice of Costs Applications, Proportionality of Costs
Civil Procedure Property Law Costs of Interim Injunctions Summary Assessment of Costs Notice of Costs Applications Proportionality of Costs

Case Brief

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Parties

Uddin and another

Applicant

Hussain and another

Respondent

Procedural Posture

Civil Appeal / Appeal Against Costs Order After Interim Injunction

Legal Issues

  1. 1 Whether the judge erred in law in awarding costs of an interim injunction application to the claimants rather than reserving costs
  2. 2 Whether the defendants had proper notice of the claimants' costs application and schedule
  3. 3 Whether the judge failed to consider proportionality and reasonableness of the costs claimed

Ratio Decidendi

The judge erred in law by failing to apply the established principle that costs of an interim injunction to hold the ring should usually be reserved, absent special factors. No special factors justified departure from this rule, and the defendants were not properly on notice of the costs application or schedule. The order for costs must be set aside and replaced with an order reserving costs.

Court Disposition

Appeal allowed

Orders

  • Order for defendants to pay claimants' costs of £44,784.30 quashed
  • Costs of the application for interim relief reserved pending resolution of the claim or further order of the court