Costs set off against damages

English Churches Housing Group v Avrom Shine [2004] EWCA Civ 343

The judge having awarded the tenant damages for breaches of the landlord’s repairing covenants (reduced by the Court of Appeal from £16,000 to £8,000) had been plainly wrong not to set off against the damages the assessed costs of an interlocutory appeal of £1,500 awarded to the landlord. There was no procedural reason why the costs of an interlocutory appeal should not be set off against an award of damages.