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Litigation - recoverability of costs

26 October 2011

The Technology and Construction Court has confirmed that where a party is successful in a claim, but nevertheless fails on a number of issues, it may not be appropriate for the costs to follow the winning party. Instead, in the case in question, the Court found that whilst the Claimant had been successful, a great number of his arguments had failed and had incurred a great deal of time and costs. The Court allowed the Claimant to recover 35% of his costs.

MEARS LTD v LEEDS CITY COUNCIL (NO.2) [2011] EWHC 2694 (TCC)

Andrew Petchey, Partner, Litigation Team

Howell-Jones LLP is a limited liability partnership registered in England and Wales under registration number OC326254. The registered address is 75 Surbiton Road, Kingston upon Thames, Surrey KT1 2AF, England. Authorised and regulated by the Solicitors Regulation Authority and accredited with the Law Society’s Lexcel Quality Mark for Practice Excellence. All partners are members.