Issues-based costs orders—illustrative decisions

The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:

  • Issues-based costs orders—illustrative decisions
  • Court makes an issues-based costs order—examples
  • Court refused to make an issues-based costs order

Issues-based costs orders—illustrative decisions

This Tracker provides examples of costs judgments where either the court has made an issues-based costs order or has refused to make an issues-based costs order. It is rare that such an order is made. In cases where such an order is made, it is important that the order is clearly measurable due to the difficulties for the solicitors in determining the costs relevant for each issue.

Court makes an issues-based costs order—examples

The following judgments provide examples of where the court made an issues-based costs order. The most recent judgment is listed first.

Judgment, citation and news analysisConsideration
AB v University of XYZ [2020] EWHC 2980 (QB) at paras [6]–[9]The judge applied the principles set out in Pigot v Environment Agency [2020] EWHC 1444 (Ch). An issue based costs order was made on the basis that costs could have been avoided if the claimant had appealed or sought an injunction at an earlier stage and, more significantly, significant costs were expended on arguments that failed, in particular which version of the regulations relevant to the case applied.
Bonsor v Bio Collectors Ltd [2020] EWHC 918 (QB) at para [30] onwardsThe judge held that the claimant had failed on discrete issues which had significantly increased the length of the trial and therefore an

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