Source: All England Reporter
Publisher Citation: [2002] All ER (D) 112 (Jul)
Court: Court of Appeal, Civil Division

Rix, Dyson LJJ and Wall J

Representation Stephen Bickford Smith (instructed by Gwilym Hughes & Partners, Wrexham) for the claimant.
  Richard Oughton (instructed by Oliver & Co, Chester) for the defendants.
Judgment Dates: 5 July 2002


Costs - Compromise - Offer made before hearing - Claimant making offer abandoning part of original claim - Claim being compromised on terms consistent with claimant's offer - Judge making no order as to costs - Whether judge correct - Whether judge precluded by authority from making order that one party pay a proportion of other party's costs.

The Case

The decision of the Court of Appeal in Shirley v Caswell was not authority for the proposition that a judge could not make an order for costs on terms that a receiving party should receive only a proportion of his costs. It was plain that there was jurisdiction to order a paying party to pay only a proportion of a receiving party's costs, as CPR44.3(6)(a) specifically stated that an order for costs might be an order that a party paid a proportion of costs.

Practice Areas

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