Litigation Letter
Costs of Abandoned Issues
Shirley v Caswell (The Independent 24 July CA)
In an action for damages against a barrister the judge found that the barrister had given negligent advice on some issues,
but he rejected other allegations. The judge ordered the defendant barrister to pay 60% of the claimant’s costs and ordered
the claimant to pay 40% of the defendant’s costs on the basis that the claimant had abandoned various issues before trial
after the defendant had incurred costs in preparation relating to those matters.