A copyright infringement case had been settled, but the court was to quantify and apportion costs. Some andpound;700,000 having been spent when the damages amounted to andpound;10,000.
Held: Denne did not oust the court’s jurisdiction to hear an appeal. It is not open to the appellant to complain that the judge set out to do what both parties had asked him to do – that is to say, to make an order about costs and to decide what order to make on the material before him and without determining disputed facts. It was difficult to see what other approach (than a broad brush approach) could have been pursued by the judge. In every case, the first question for the court was whether it could make an order about costs under the rule, in the absence of agreed or adjudicated facts on which to decide the question.
Lord Justice Brooke, Lord Justice Mummery And Lord Justice Chadwick
 EWCA Civ 939, Gazette 18-Sep-2003
Civil Procedure Rules 44.3(2)
England and Wales
Doubted – Denne v Denne 1977
Where the parties, having settled their case, agreed for a costs judge to fix the costs, there was no appeal from his judgment. . .
Cited – Brawley v Marizynski (No 1) CA 2002
There is no convention that an order for no costs should be made whenever the court is asked to decide costs on the settlement of the matter where it was difficult to discern who had one in any conventional sense. . .
Cited – AEI Redifusion Ltd v PPL 1999
The court described the appellate function in relation to the exrecise of judicial discretion on costs.
Held: ‘Before the court can interfere it must be shown that the judge has either erred in principle in his approach or has left out of . .
Cited – Promar International Ltd v Clarke CA 4-Apr-2006
Breach of post employment restrictive covenant. . .
These lists may be incomplete.
Updated: 05 May 2021; Ref: scu.184451