Litigation Letter
Percentage, not issue-based, costs order
Budgen v Andrew Gardner Partnership [2002] EWCA Civ 1125 31 July
The trial judge ordered the defendant to pay only 75% of the claimant’s costs of the action because the claimant had lost
on one issue, which had taken up a substantial amount of the trial. The defendant appealed against the judge’s refusal to
make an issue-based order in its favour under CPR 44.3(6)(f).