Source: All England Reporter
Publisher Citation: [2009] All ER (D) 159 (Jul)
Neutral Citation: [2009] EWHC 1696 (Ch)
Court: Chancery Division

Briggs J

Representation John Wardell QC and Alexander Winter (instructed by Forsters LLP) for the claimants.
  Nicholas Strauss QC, James Goldsmith and Alexander Polley (instructed by Barlow Lyde & Gilbert LLP) for the Ferrero defendants.
  Raymond Werbicki (instructed by Steptoe & Johnson) for the 12th defendant
Judgment Dates: 14 July 2009


Costs - Assessment - Conduct of parties - Court's powers in relation to misconduct - Proceedings between parties - Defendant wholly successful in defence - Whether costs to follow event - Claimant accusing defendants of misconduct - Defendant accusing claimants of unreasonableness - Whether court should take misconduct of parties into account - CPR 1998 44.3 and 44.4

The Case

Costs Assessment. Chancery Division: In the instant case there was an explanation of the circumstances when the pre-action conduct of a party can be taken into account in making a costs order and the factors to be taken into account in making the assessment.

Practice Areas

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