COSTS AND CONDUCT: A PERCENTAGE REDUCTION FOR A SUCCESSFUL CLAIMANT

Civil Litigation Brief

In Harlequin Property (SVG) Limited -v- Wilkins Kennedy [2016] 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.

  1. 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.

  2. 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 CASE

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
  1. CPR Rule 44.2 can…

View original post 2,177 more words

Advertisements
This entry was posted in World by truthaholics. Bookmark the permalink.

About truthaholics

| Exposing Truth Behind Media Spin. Truth is not gossip. It's not sensational or even exciting. Truth's reality, fact. Truth's shocking, sad, horrific, frightening and deadly. Controversial issues discussed here so only for those able to digest Truth.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s