Wigg & Co - objections to payment of costs on the grounds of conduct by opposing side

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See Aaron v Shelton (2004) EWHC 1162 (QB) NLJ 4 June 2004. 

Where a losing party considers that he should not be liable to pay the whole of the costs of an action by reason of the opposing party's conduct he should make an application to the Trial Judge when considering what orders as to costs should be made under CPR rule 44.3. If he does not do so it is not open to the paying party when the costs come to be assessed to raise the same matter under CPR rule 44.5 (3) before the Costs Judge as a ground for the reduction of costs he would otherwise have to pay. A consent order should also include a provision that the unsuccessful party would not pay the whole of the costs, or specifically refer the matter in question to the Costs Judge for determination. 

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