The Square Mile Partnership Ltd v Fitzmaurice McCall Ltd

The Square Mile Partnership Ltd v Fitzmaurice McCall Ltd

Given that both parties had partial success—the claimant recovered a significant sum but failed on the main counterclaim issue, and the defendant succeeded on the principal issue but not entirely—the appropriate order is to make no order as to costs, leaving each side to bear their own. This reflects the balance of success and the nature of the litigation, in line with the discretion under CPR 44.3 and relevant case law.

Parties
Claimant: The Square Mile Partnership Limited; Defendant: Fitzmaurice McCall Limited
Jurisdiction
England and Wales
Judgment Date
18 January 2006
Procedural Posture
Civil / Post Judgment (costs, Interest, and Appeal on Summary Judgment Application)
Outcome
No order as to costs; each party to bear their own costs. Interest to be dealt with by agreement. Appeal from summary judgment application adjourned generally with liberty to restore if claimant appeals within 28 days.
Legal Topics
Costs, Summary Judgment, Counterclaim, Set Off, Interest
Civil Procedure Costs Summary Judgment Counterclaim Set Off Interest

Case Brief

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Parties

The Square Mile Partnership Limited

Claimant

Fitzmaurice McCall Limited

Defendant

Procedural Posture

Civil / Post Judgment (costs, Interest, and Appeal on Summary Judgment Application)

Legal Issues

  1. 1 How should costs be apportioned where both parties have partial success, particularly where the claim is admitted but a substantial counterclaim is successful?
  2. 2 What is the appropriate treatment of interest and the fate of an appeal from a summary judgment application?

Ratio Decidendi

Given that both parties had partial success—the claimant recovered a significant sum but failed on the main counterclaim issue, and the defendant succeeded on the principal issue but not entirely—the appropriate order is to make no order as to costs, leaving each side to bear their own. This reflects the balance of success and the nature of the litigation, in line with the discretion under CPR 44.3 and relevant case law.

Court Disposition

No order as to costs; each party to bear their own costs. Interest to be dealt with by agreement. Appeal from summary judgment application adjourned generally with liberty to restore if claimant appeals within 28 days.

Orders

  • No order as to costs; each party to bear their own costs.
  • Interest to be recorded by agreement between parties.