The court considered whether a successful party should be refused his costs to the extent of the costs associated with a particular argument they had lost.
Held: In a weighty matter the court should not disallow the costs of arguments which failed unless points were unreasonably taken.
Judges:
Brooke, Hale, Arden LJJ
Citations:
[2003] EWCA Civ 974, [2003] 1 WLR 2487, [2003] 3 Costs LR 423, [2003] 4 All ER 590
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Hazlett v Sefton Metropolitan Borough Council QBD 2-Dec-1999
The need for a party claiming his costs to give evidence to prove his entitlement to costs rather than relying on the presumption in his favour, will not arise if the defendant simply puts the complainant to proof of his entitlement to costs. The . .
Cited by:
Cited – Tankard v John Fredricks Plastics Ltd; Jones v Attrill etc CA 11-Dec-2008
The defendants sought to argue that the conditional fee arrangement used by the claimant’s solicitors had been void under the 2000 regulations. They claimed that the solicitors had failed to disclose an interest in the policies sold.
Held: No . .
Lists of cited by and citing cases may be incomplete.
Costs
Updated: 20 October 2022; Ref: scu.249056