Costs

The parties sought costs orders, following the Queen’s Bench Division’s previous decision finding the defendant liable to the claimant for 100% of her damages, despite being unsuccessful on the second limb of her claim (see [2015] All ER (D) 24 (Feb)). The court held that the existence of a CPR Pt 36 offer did not insulate the claimant from a proportionate costs order. Accordingly, a costs order would be made in the claimant’s favour limited to a percentage of her costs appropriate to reflect the percentage of time expended on, and 100% of the disbursements directly incurred in, establishing the first limb, but not the second limb.