Awarding costs without trial

BCT Software Solutions Ltd v C Brewer & Sons Ltd (CA LSG 18 September)

Shortly after the commencement of the trial, the claimant agreed to accept £10,000 in full settlement of its substantial claim, save as to costs, which the parties requested the trial to determine based on their minute of compromise. The judge ordered the claimant to pay 85% of the costs prior to an amendment that had narrowed the issues and 62.5% of the post-amendment costs, on the basis that the claimant had been unsuccessful in three of the four issues and the amount recovered was much smaller than the sum originally claimed. The claimant appealed against the order in relation to post-amendment costs.