Source: All England Reporter
Publisher Citation: [2003] All ER (D) 351 (Nov)
Court: Court of Appeal, Civil Division
Judge:

Mummery, Hale and Carnwath LJJ
Representation Andrew Thompson (instructed by CMS Cameron McKenna) for the claimant.
  Hugo Page QC (instructed by Landau Scanlon) for the defendants.
Judgment Dates: 24 November 2003

Catchwords

Costs - Order for costs - Discretion - Judge dismissing claimant's action for fraud and ordering claimant to pay first defendant's costs - Judge disallowing 50% of first defendant's costs on basis that claimant succeeding in one aspect of fraud claim - Correctness of decision.

The Case

Where the Court of Appeal had taken the view in its judgment in a related appeal that the first defendant's misrepresentation had been a fragile basis for a finding of dishonesty, it was entitled to interfere with the judge's conclusion that the first defendant should have 50% of his costs in an action disallowed. The proper order would be that only 20% of the first defendant's costs of the action would be disallowed, so that the claimant would be ordered to pay 80% of the first defendant's costs.

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