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Court of Appeal considers who is the winner for costs purposes? (Kupeli v Kibris)

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Published on: 07 June 2018

Published by a LexisNexis Dispute Resolution expert

Table of contents

What are the practical implications of this case?
What was the background?
What did the court decide?

Article summary

Dispute Resolution analysis: The Court of Appeal held that in an action involving multiple claimants, where some were successful while many others were not, it was right that there be no order for costs when looking at the overall outcome. The identification of the winning party where both sides secure some success has long troubled practitioners and the judiciary. Indeed, the Court of Appeal reversed the decision of the trial judge who regarded the claimants as successful and, therefore, entitled to costs.

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