The claimant appealed a costs order which had denied him the substantial part of his costs despite feeling that he had won the case. The court had said that no order should be made for payment of the expert witness’ costs of either party.
Held: The judge had erred. He should first have asked which was the successful party, before then exercising his discretion, rather than first separating out one issue, and then making that judgment. The claimant was entitled in the circumstances of this case to recover 25% of his costs.
Citations:
[2003] EWCA Civ 402, Times 09-Apr-2003, [2003] BLR 331
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Pearce v Brooks 1866
The contract was for the hire of an ornamental brougham to a prostitute which was supplied with knowledge that it would be used ‘as part of her display’. She returned it in a damaged condition, and refused to make any payments under the contract as . .
Lists of cited by and citing cases may be incomplete.
Costs, Contract
Updated: 07 June 2022; Ref: scu.180435
