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Litigation Letter

Percentage, not issue-based, costs order

Budgen v Andrew Gardner Partnership [2002] EWCA Civ 1125 31 July

The trial judge ordered the defendant to pay only 75% of the claimant’s costs of the action because the claimant had lost on one issue, which had taken up a substantial amount of the trial. The defendant appealed against the judge’s refusal to make an issue-based order in its favour under CPR 44.3(6)(f).

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