The Square Mile Partnership Ltd v Fitzmaurice McCall Ltd [2006] EWHC 236 (Ch) (18 January 2006)

The Square Mile Partnership Ltd v Fitzmaurice McCall Ltd [2006] EWHC 236 (Ch) (18 January 2006)

Where both claimant and defendant succeed on substantial issues, and the claim and counterclaim are intertwined, the appropriate costs order is no order as to costs, each party bearing their own, reflecting the justice of the case and the discretion under CPR 44.3.

Source-derived case information.

Citation
[2006] EWHC 236 (Ch)
Parties
Claimant: The Square Mile Partnership Limited; Defendant: Fitzmaurice McCall Limited
Jurisdiction
England and Wales
Judgment Date
18 January 2006
Procedural Posture
Commercial Claim With Counterclaim / Post Trial Judgment on Costs, Interest, and Appeal Following Main Judgment
Outcome
No order as to costs; each party to bear their own costs. Interest to be recorded by agreement. Appeal from summary judgment application to stand adjourned generally with liberty to restore if claimant appeals main judgment.
Legal Topics
Costs, Counterclaim, Interest, Summary Judgment, Appeal
Civil Procedure Commercial Law Costs Counterclaim Interest Summary Judgment Appeal

Source-derived case record

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Parties

The Square Mile Partnership Limited

Claimant

Fitzmaurice McCall Limited

Defendant

Procedural Posture

Commercial Claim With Counterclaim / Post Trial Judgment on Costs, Interest, and Appeal Following Main Judgment

Legal Issues

  1. 1 Appropriate costs order where both claim and counterclaim succeed in part
  2. 2 Treatment of payments and deductions in claim and counterclaim
  3. 3 Interest on sums awarded

Ratio Decidendi

Where both claimant and defendant succeed on substantial issues, and the claim and counterclaim are intertwined, the appropriate costs order is no order as to costs, each party bearing their own, reflecting the justice of the case and the discretion under CPR 44.3.

Court Disposition

No order as to costs; each party to bear their own costs. Interest to be recorded by agreement. Appeal from summary judgment application to stand adjourned generally with liberty to restore if claimant appeals main judgment.

Orders

  • No order as to costs; each party bears own costs for trial and post-judgment hearings.
  • Interest order to be recorded by parties in minute of order.