October 12th, 2020 by James Goudie KC

Where the overall winner has failed on a number of issues, Judges should consider the extra costs associated with the failed issues, be explicit about the proportions of time spent on the successful and failed points respectively, and attempt to quantify that, as a starting point. However, the Judge still had to stand back, look at the matter globally, and consider the extent to which it was just to deprive the successful party of costs. That involves a discretionary judgment. It is not a mechanical exercise. See Terracorp v Mistry (2020) EWHC 2623 (Ch).


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