Loser should pay the costs

F&C Alternative Investments (Holdings) Ltd v Barthelemy & Anor [2011] EWHC 1851 (Ch), 14 August 2011

The general rule is that the unsuccessful party will be ordered to pay the costs of the successful party under CPR 44.3(2)(a). Often it would be appropriate for the loser to pay the winner’s costs, even where there had been issues on which the overall winner had lost. In commercial litigation, the starting point in working out who the winner is for the purposes of making costs orders would usually be to look at what money had been ordered to be paid.