Wigg & Co - court order a party to pay a
proportion of costs
Call us on 01892 529518. Experience counts.
Power of the Court to
Order a Party to Pay a Proportion of the Costs
CPR Rule 44.3(6).
See case Professional Technology Information Consultants Ltd -v- Jones
[CA (2201) All ER (D) Mounty]
This was a case when permission was given to make a substantial last
minute amendment. The Trial Judge was satisfied that had the Defendant
known the Claimant's case in its amended form from the outset he would
have settled. Judge awarded the Claimant only 2/3 of her costs.
See also Factortame Ltd and Others -v- Secretary of State for Transport,
Local Government and the Regions [CA NLJ 8th February 2002] concerning
last minute amendment before acceptance of Part 36 Offer resulting in
exercise of discretion to award only part of the costs.
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