Source: All England Reporter
Publisher Citation: [2006] All ER (D) 47 (Oct)
Court: Court of Appeal, Civil Division

Tuckey and Arden LJJ

Representation James Laddie (instructed by BD Laddie) for claimant.
  Akhlaq Choudhury (instructed by Bevan Brittan) for the second defendant.
Judgment Dates: 4 October 2006


Costs - Order for costs - Order for costs sought where all other issues having been settled or resolved without judgment having been given - Claimant withdrawing proceedings for breach of confidence after defendants making and complying with undertakings - Whether judge correct in ordering that claimant pay second defendant's costs.

The Case

Where the claimant had withdrawn proceedings for breach of confidence, contract, and inducing breach of contract after the defendants had given and complied with undertakings, the judge had erred in ordering the claimant to pay the second defendant's costs. It was clear that the claimant had been the winner of the proceedings, rather than the second defendant, because the second defendant had had to give the undertakings, and the judge had been wrong in principle to conclude that the second defendant had been substantially the winner. The judge had also erred in finding that its claim against the second defendant had been premature and-or evidentially unsound.

Practice Areas

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