Budgen v Andrew Gardner Partnership: CA 31 Jul 2002

The defendant firm of solicitors appealed an order for costs against it based upon a percentage calculation. They sought an issues based costs order.
Held: Where there was insufficient information upon which to calculate an issues based costs order, it could be appropriate to make a percentage based order under subsection (f). Whilst issues based costs orders might generally be preferred, that was by no means universal. A party remained entitled to have the other side’s conduct taken into account under rule 44.3(4)(a), and to have its own partial success recognized under (b), but a party would be unlikely to succeed on all issues.
Simon Brown LJ said that: ‘the court can properly have regard to the fact that in almost every case even the winner is likely to fail on some issues.’


Lord Justice Simon Brown, Lord Justice Mance and Lord Justice Latham


Times 09-Sep-2002, Gazette 10-Oct-2002, [2002] EWCA Civ 1125




Civil Procedure Rules 44.3(6)(a) 44.3(6)(f)


England and Wales


CitedAEI Rediffusion Music Ltd v Phonographic Performance Ltd CA 1-Feb-1999
The copyright tribunal was given a wide discretion for the awarding of costs on applications made to it for licenses. The nature of the applications and the different basis makes it dangerous to import rules for awards from the general rules on . .
CitedWinter v Winter CA 10-Nov-2000
Brooke LJ said: ‘before the Civil Procedure Rules came into effect . . if a claimant substantially succeeded he was likely to be awarded an order for costs even though he failed on certain issues. The new Rules provide a break from that tradition . .
CitedEnglish v Emery Reimbold and Strick Ltd; etc, (Practice Note) CA 30-Apr-2002
Judge’s Reasons Must Show How Reached
In each case appeals were made, following Flannery, complaining of a lack of reasons given by the judge for his decision.
Held: Human Rights jurisprudence required judges to put parties into a position where they could understand how the . .

Cited by:

CitedCherkley Campaign Ltd, Regina (on The Application of) v Mole Valley District Council and Another Admn 15-Nov-2013
Decision after successful request for judicial review of decision to grant planning permission. The respondent and interested party resisted costs orders saying that the claimant had not been successful on all points.
Held: In general the . .
Lists of cited by and citing cases may be incomplete.


Updated: 06 June 2022; Ref: scu.174452