COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM BOLTON COUNTY COURT
(MR RECORDER ATHERTON)
Strand, London, WC2A 2LL |
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B e f o r e :
and
LORD JUSTICE WALL
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CUNNINGHAM |
Respondent/Claimant |
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- and - |
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AST EXPRESS LTD & ANR |
Appellants/Defendants |
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THE RESPONDENT APPEARED IN PERSON
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Lady Justice Smith:
"(1) The court has discretion as to --
(a) whether costs are payable by one party to another;
(b) the amount of those costs; and
(c) when they are to be paid.
(2) If the court decides to make an order about costs --
(a) the general rule is that the unsuccessful party will be ordered to pay the costs of the successful
party; but
(b) the court may make a different order.
…
4 In deciding what order (if any) to make about costs, the court must have regard to all the circumstances, including --
(a) the conduct of all the parties;
(b) whether a party has succeeded on part of his case, even if he has not been wholly successful;
and
(c) any payment into court or admissible offer to settle made by a party which is drawn to the court's attention, and which is not an offer to which costs consequences under Part 36 apply."
Lord Justice Wall:
Order: Appeal allowed