||All England Reporter
|| All ER (D) 25 (May)
||Court of Appeal, Civil Division
Potter, Jacob and Mance LJJ
||Edward Bishop (instructed by Wynne Baxter, Lewes) for the claimant.
||Leslie Thomas (instructed by Christian Khan) for the defendant.
||4 May 2004
Costs - Order for costs - Discretion - Basis of judge's order - Correctness of decision - Civil Procedure Rules 1998, SI 98/3132, r 44.3.
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.
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