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England and Wales High Court (Queen's Bench Division) Decisions
You are here: BAILII >> Databases >> England and Wales High Court (Queen's Bench Division) Decisions >> AVB v TDD  EWHC 1663 (QB) (20 May 2014)
Cite as:  EWHC 1663 (QB)
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QUEEN'S BENCH DIVISION
Strand, London, WC2A 2LL
B e f o r e :
|- and -
Alastair Wilson (instructed by Richard Slade and Company) for the Defendant
Hearing dates: 20 May 2014
Crown Copyright ©
Mr Justice Tugendhat :
"(1) The court has discretion as to –
(a) whether costs are payable by one party to another;(b) the amount of those costs; and(c) when they are to be paid.
(2) If the court decides to make an order about costs –
(a) the general rule is that the unsuccessful party will be ordered to pay the costs of the successful party; but(b) the court may make a different order…
(4) In deciding what order (if any) to make about costs, the court will have regard to all the circumstances, including –
(a) the conduct of all the parties;(b) whether a party has succeeded on part of its case, even if that party has not been wholly successful; and(c) any admissible offer to settle made by a party which is drawn to the court's attention, and which is not an offer to which costs consequences under Part 36 apply.
(5) The conduct of the parties includes –
(a) conduct before, as well as during, the proceedings …;(b) whether it was reasonable for a party to raise, pursue or contest a particular allegation or issue;(c) the manner in which a party has pursued or defended its case or a particular allegation or issue; and(d) whether a claimant who has succeeded in the claim, in whole or in part, exaggerated its claim…"
i) the interests of the third parties concerned, and the behaviour of the Defendant at the time justified the Claimant in obtaining the order of 24 May 2013, and the Defendant should pay his costs of that application;
ii) there should be no order as to costs in respect of the period from 24 May 2013 to 26 March 2014, save that the Defendant must pay to the Claimant the costs of the enforcement of the orders that the Claimant obtained on the applications in November and December 2013;
iii) for the period after 26 March 2014, the Claimant must pay the costs of the Defendant.