Fattal & Anor v Walbrook Trustees (Jersey) Ltd & Anor (Rev. 1)

Fattal & Anor v Walbrook Trustees (Jersey) Ltd & Anor (Rev. 1)

The court held that the discretion to award interest on costs is not limited to exceptional circumstances and should reflect what justice requires; the Fattal brothers were not entitled to recover the costs of assessment due to the substantial reduction in their bill, largely caused by lack of attendance notes.

Parties
Claimant: William Simon Fattal; Claimant: Elias Simon Fattal; Defendant: Walbrook Trustees (Jersey) Ltd; Defendant: Walbrook International Trust Company Limited (WITCO)
Jurisdiction
England and Wales
Judgment Date
05 June 2009
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Interest on Costs, Detailed Assessment of Costs, Trust Litigation, Costs Orders
Civil Procedure Trusts and Estates Interest on Costs Detailed Assessment of Costs Trust Litigation Costs Orders

Case Brief

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Parties

William Simon Fattal

Claimant

Elias Simon Fattal

Claimant

Walbrook Trustees (Jersey) Ltd

Defendant

Walbrook International Trust Company Limited (WITCO)

Defendant

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether interest on costs should run from the date of judgment or another date
  2. 2 Whether the Fattal brothers should recover costs of the assessment of their costs

Ratio Decidendi

The court held that the discretion to award interest on costs is not limited to exceptional circumstances and should reflect what justice requires; the Fattal brothers were not entitled to recover the costs of assessment due to the substantial reduction in their bill, largely caused by lack of attendance notes.

Court Disposition

Appeal dismissed

Orders

  • The Fattal brothers' appeal is dismissed.
  • Interest on costs to run from the date of judgment as ordered by Master O'Hare.