Costs

In deciding what, if any costs order to make against a litigant in person, the court had to have regard to the considerations in CPR 44.3, which showed that the court had a discretion both as to whether to make an order for the payment of costs and if so, as to the amount of any costs. In deciding whether to make any costs order, the court had to have regard to all the circumstances, including: (i) whether the applicant for costs had succeeded on part of her appeal, even if she had not been wholly successful; (ii) whether it was reasonable for her to raise, pursue or contest a particular allegation or issue; and (iii) whether, having succeeded in her appeal, in whole or in part, she had exaggerated it. There was a cap on what the claimant could recover, namely two-thirds of the amount that would have been allowed had she been represented by a lawyer. Part 44.4 CPR required the court only to allow costs that were proportionate to the matters in