Successful claim and counterclaim

Square Mile Partnership Ltd v Fitzmaurice McCall Ltd ChD LTL 18 January

The claimant had to issue proceedings to get the defendant to admit its claim and had to come to court in order to recover the monies it obtained. However, most of the evidence and pre-trial work went to the main issue of the counterclaim upon which the defendant had been successful. Accordingly, both parties could be said to have succeeded in accordance with CPR rule 44.3(4). To award the claimant a significant proportion of its costs would not be just, as it would fail to reflect the defendant’s successful counterclaim. To give the defendant its costs would be harsh, as the claimant had succeeded in getting significant monies out of the defendant despite losing on the counterclaim. Taking all the factors into account, the appropriate order was no order as to costs.