Vyas & Anor v Goraya, (t/a Taj Construction Roofing)

Where an appeal fails on all substantial points and produces only a trivial increase in damages, the respondent may properly be regarded as the successful party in reality. If the appellants’ costs are wholly disproportionate to that limited success, the appropriate order may be no order as to costs.

Prakash and Minaxi Vyas appealed from a decision of HHJ May QC in the Central London County Court. The Court of Appeal had previously dismissed the appeal on every substantial point, allowing only a minor increase of £341.20 for propane gas cylinders and hired equipment. The appellants then sought recovery of their substantial appeal costs. The respondent sought no costs.

The present judgment addressed the correction of an inaccurate factual statement and the appropriate order for the costs of the appeal.

1. The court recorded a correction to the earlier judgment: Ms Kavita Vyas was not married to Mr Goraya’s brother.
2. The appellants’ appeal had failed under ten heads, save for a minor increase of £341.20 in the damages award.
3. The costs claimed by the appellants were completely disproportionate to the limited success achieved. In reality, the respondent was the successful party in the appeal.
4. The appropriate order was that there should be no order as to the costs incurred in the appeal. The respondent had sought no costs.

• Court of Appeal (Civil Division): On appeal from the Central London County Court before HHJ May QC. The appeal failed on every substantial point, save for a minor increase in damages. The court ordered no order as to the costs of the appeal.