Judgment
Mr Justice Tugendhat :
This is my judgment on the costs of this action. The Court has discretion to be exercised in accordance with CPR r44.2. That includes:
“(1) The court has discretion as to –
(a) whether costs are payable by one party to another;
(b) the amount of those costs; and
(c) when they are to be paid.
(2) If the court decides to make an order about costs –
(a) the general rule is that the unsuccessful party will be ordered to pay the costs of the successful party; but
(b) the court may make a different order…
(4) In deciding what order (if any) to make about costs, the court will have regard to all the circumstances, including –
(a) the conduct of all the parties;
(b) whether a party has succeeded on part of its case, even if that party has not been wholly successful; and
(c) any admissible offer to settle made by a party which is drawn to the court’s attention, and which is not an offer to which costs consequences under Part 36 apply.
(5) The conduct of the parties includes –
(a) conduct before, as well as during, the proceedings …;
(b) whether it was reasonable for a party to raise, pursue or contest a particular allegation or issue;
(c) the manner in which a party has pursued or defended its case or a particular allegation or issue; and
(d) whether a claimant who has succeeded in the claim, in whole or in part, exaggerated its claim…”
The sub-rule (4)(a) refers first to the conduct of the parties and then to the success of the parties and to offers of settlement ((4)(b) and (c)). But success is referred to first in sub-rule (2), and I shall start with the question who succeeded?
Who succeeded?
Mr Bennett submits that the Claimant has been successful in part. He compares the interim orders of 24 May and 17 June 2013 with the final outcome. He submits that the Claimant has succeeded in obtaining a permanent injunction, and that includes most of what he was asking for. On the other hand he submits that the Defendant did not succeed at all because she did not obtain any injunction or other relief. (The costs of those applications were reserved).
Mr Wilson submits that the injunction that the Claimant has obtained is significantly less beneficial to him than the one that he sought. He failed on his claim in contract and harassment. the Defendant succeeded in her counterclaim on liability. The reason why I have made no injunction against the Claimant is not related to the merits of the cause of action, but only to m
