Established High Court findings

6. Previous negligent and unreasonable litigation conduct

Jovicic and Others v Serbian Orthodox Church [2020] EWHC 2229 (QB)

The High Court examined proceedings involving six claimants represented by Kesar & Co.

The court found serious problems concerning jurisdiction, expired claim forms and service.

It found negligent and unreasonable litigation conduct and ordered relevant wasted costs against Kesar & Co on an indemnity basis.

Read the complete 2020 High Court judgment

Serbian Orthodox Church v Kesar & Co [2021] EWHC 1205 (QB)

£222,256.85

A default costs certificate for this amount arose from the earlier wasted-costs dispute.

The High Court allowed an appeal concerning the certificate having been set aside.

This was a costs matter arising from the same litigation, not a separate damages award to former clients.

Read the complete 2021 High Court judgment

AZ (error of law: jurisdiction; PTA practice) Iran [2018] UKUT 245 (IAC)

The Upper Tribunal considered an asylum appeal in which Kesar & Co acted for the claimant during earlier proceedings. Paragraph 40 recorded that a representative could not advance a coherent explanation of how the delay in producing an earlier tribunal decision undermined factual findings. Paragraph 58 rejected a related argument made by another representative.

The Tribunal also admitted further evidence and directed a rehearing. This was not a professional-negligence judgment against the firm.

Read the Upper Tribunal judgment