| Source: | All England Reporter |
| Publisher Citation: | [2004] All ER (D) 25 (May) |
| Court: | Court of Appeal, Civil Division |
| Judge: | Potter, Jacob and Mance LJJ |
| Representation | Edward Bishop (instructed by Wynne Baxter, Lewes) for the claimant. |
| Leslie Thomas (instructed by Christian Khan) for the defendant. | |
| Judgment Dates: | 4 May 2004 |
Catchwords
Costs - Order for costs - Discretion - Basis of judge's order - Correctness of decision - Civil Procedure Rules 1998, SI 98/3132, r 44.3.
The Case
The essential matter for the discretion of the judge in making an order for costs pursuant to CPR44.3 was whether or not to apply the general rule that the successful party would be awarded costs or to make an issues based costs order. Neither consideration justified reference to the size of damages in a particular case or to a legally aided claimant's ability to recover damages in the overall action.
Practice Areas
If you are a LexisLibrary subscriber you can read more about this case here.
Lexis®Library
- The All England Law Reports comprises judgments with headnotes and catchwords indicating the area of law and key issues of the case prepared by legally qualified editorsFind AllER Reports
- Cases related to this particular case that are related to, or discuss this caseView related cases
- Commentary discussing this particular case from LexisLibrary's comprehensive range of titles including Butterworths, Halsbury's and TolleyView related commentary
