After an action with regard to a lease contract for a car, orders were made including for costs. The costs orders were now appealed. The claimant recovered nominal damages from the first defendant, and substantial damages from the second. The second in turn recovered substantially against the first.
Held: The order made did not distribute the costs according to the burden of the judgment, and the judge had not given any reason for departing from the normal practice. The order was wrong, and orders were made distributing the costs with the fault found by the judge..
Lords Justice Mummery, Chadwick and Dyson
 EWCA Civ 207, Gazette 17-Apr-2003
England and Wales
Updated: 14 May 2021; Ref: scu.180716