Citation: ALL ER (D) CA, [2002] ALL ER (D) 271 CA
Nature of case: This is the hearing on costs from the dispute over factory design and construction. Issues had arisen as to the success of the claimant and the defendant’s success on the counterclaim and the parties’ conduct.
The court held that the proper order would be a percentage order relating to the whole of the costs. The claimant was clearly the overall net winner, but the conduct of both parties was open to criticism.
The defendant was ordered to pay assessed or agreed costs not exceeding 55% of the total.
See other reports: [2003] CILL 1969 CA [2002] BLR 236 CA
Also reported in : CILL 2210 TCC