17 November 2011
F&C Alternative Investments (Holdings) Ltd v Barthelemy and another [2011] EWHC 2807 (Ch), [2011] All ER (D) 42 (Nov)
The general rule was that the unsuccessful party would be ordered to pay the costs of the successful party under CPR 44.3(2)(a). Often it would be appropriate for the loser to pay the winner’s costs, even where there had been issues on which the overall winner had lost. In commercial litigation, the starting point in working out who the winner would be for the purposes of making costs orders would usually be to look at what money had been ordered to be paid.
