Home / Dispute Resolution / Costs and funding / Principles of costs recovery

Legal News

Issue based costs order in relief from forfeiture proceedings (General Motors v Manchester Ship Canal)

Copyright © 2025 LexisNexis

Published on: 26 January 2017

Published by a LexisNexis Dispute Resolution expert

imgtext

Article summary

Dispute Resolution analysis: This case considers the costs consequences of a successful application for relief from forfeiture of a license to drain surface water, in conjunction with a failed claim based on rights under the Manchester Ship Canal Act 1885 (the Act). The claimant sought a proportionate costs order in relation to its costs of litigating the relief from forfeiture application from the date when the defendant filed its defence and subject to a modest reduction of 10% to reflect its loss on the claim under the Act. The defendant, meanwhile, sought an issue based costs order reflecting its success defeating that part of the claim as well as the costs and expense of the litigation generally (the claimant had delayed bringing the proceedings and changed the basis on which relief was sought). The judge considered and applied the general rule under CPR 44.2 as well as the discretion to make an issue based costs order...

Popular documents

Security for costs—what is it, its use and the court's discretion

Security for costs—what is it, its use and the court's discretionThis Practice Note considers security for costs under CPR 25. It explains what an order for security for costs is, who it may be sought against as well as the circumstances in which such an order is generally not available. It

Appeals—costs recovery

Appeals—costs recoveryThis Practice Note provides information on the appeal court’s power to order costs, whether these costs can be summarily assessed and/or ordered on an indemnity basis. whether it is possible to recover the costs incurred during an appeal. It considers the Supreme Court’s power

Fixed costs—fast track trial costs (position prior to 1 October 2023)

Fixed costs—fast track trial costs (position prior to 1 October 2023)Note, the extension of the fixed costs regime came into force on 1 October 2023. For all civil cases, other than personal injury and disease, the extended fixed costs regime applies (unless the case is specifically excluded) where

Forthwith orders—costs prior to end of proceedings

Forthwith orders—costs prior to end of proceedingsThe general rule for detailed assessmentThe general rule for when detailed assessment is to take place is set out in CPR 47.1 which provides that the costs of any part of the proceedings are not to be determined by detailed assessment until the