Issues Based Costs Order Not Always Appropriate

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Where a claimant had won overall, but lost on certain issues which had given rise to additional costs, it was determoned that the claimant’s recoverable costs should be reduced overall rather as opposed to an issues based costs order being made.   However, where the claimant’s approach had resulted in a further fruitless hearing, an issues based costs order was appropriate. 

These are points worth considerating when deciding what costs to seek and what arguments to advance in partially successful cases – Lloyds Bank Plc-v-McBains Cooper, 18.01.17

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