Source: All England Reporter
Publisher Citation: [2002] All ER (D) 46 (Mar)
Court: Queen's Bench Division

Butterfield J

Representation Phillip Brook Smith (instructed by Stitt & Co) for the claimant.
  Robert Howe (instructed by CMS Cameron McKenna) for the defendant.
Judgment Dates: 6 March 2002


Costs - Apportionment - Action - Defendant making payment into court - Judgment entered for claimant in respect of one head of damage - Claimant arguing payment in to be ignored since 'grossing up' claim resulting in claim exceeding payment in - Defendant arguing issues based costs order ought to be made since claimant failing on substantial issue - Apportionment of costs - CPR Pt 36, 44.3(7).

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