|Source:||All England Reporter|
|Publisher Citation:|| All ER (D) 46 (Mar)|
|Court:||Queen's Bench Division|
|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).