Fouladi v. Darout

[2019] EWHC 1674 (Ch), [2019] Costs LR 1041 (Central London County Court)

The claimant City trader and defendant  property developer fought a lengthy battle over whether the conversion of the property had brought about a breach of covenant / tort of noise nuisance. On appeal, after the claimant succeeded, the appeal court decided that the judge had been entitled to make a Bullock order requiring the unsuccessful defendant to meet the costs ordered to be paid by the claimant to the successful defendant. It had been reasonable for the claimant to join the additional defendant as a party to the action because the unsuccessful defendant had sought to blame the additional defendant for the nuisance.