In Harlequin Property (SVG) Limited -v- Wilkins Kennedy  EWHC 3233 (TCC) Mr Justice Coulson reduced the claimant’s costs by 40% to reflect the lack of success on many of the key issues in the case.
On the three main issues, the claimant was successful on part of one of them, and comprehensively lost the rest. I consider that it would be a rank injustice if, notwithstanding all of the work, time and cost generated by these failed claims, the costs order ignored that overall result.
Thus, this is a case in which it is appropriate to depart from the general rule because of the scale and nature of the claimant’s lack of success.
The claimant claimed damages of US$60 million but recovered US$11,630.00 plus interest. A large number of the claimants’ claims failed at trial.
THE JUDGMENT ON COSTS
5. LIABILITY FOR COSTS
CPR Rule 44.2 can…
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