Source: All England Reporter
Publisher Citation: [2005] All ER (D) 414 (Apr)
Court: Court of Appeal, Civil Division

Judge and Arden LJJ

Representation Montague Palfrey (instructed by Claer Lloyd-Jones) for the claimant.
  The second defendant appeared in person.
Judgment Dates: 28 April 2005


Civil costs - Order for costs - Costs following the event - Only one of several claims successful - Judge awarding second defendant costs of defence and counterclaim - Correctness of decision.

The Case

In making an award of costs, the court should endeavour to reflect the success or failure of individual issues, although the making of a percentage order by the judge would often produce a fairer result that an issues based order. In the instant case, however, as the claimant had been unable to reach a view in respect of the appropriate amount of costs on the unsuccessful issues on the second defendant's counterclaim, the appropriate order would be no order for costs.

Practice Areas

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