header-logo header-logo

16 December 2010
Issue: 7446 / Categories: Case law , Law digest
printer mail-detail

Costs

Pindell Ltd and another v Airasia Berhad [2010] EWHC 3238 (Comm), [2010] All ER (D) 123 (Dec)

Authority established that in commercial litigation, the party which ended up receiving payment would generally be characterised as the overall winner of the entire action. The starting point was the general rule was that the successful party was entitled to an order for costs. The judge had to then consider whether to depart from the starting point, having regard to all the circumstances of the case.

If the circumstances of the case required an issue-based costs order, the judge should do so, although he should be cautious in doing so because of the practical difficulties which that caused, and because of the steer given by CPR Pt 44.3(7). In many cases, the judge could reflect the relative success of the parties on different issues by making a proportionate costs order.

The judge should also have regard to any Pt 36 offers and each party’s approach to negotiations. In almost every case, even the winner was likely to fail on some issues, and its failure on some matters would not take the

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll