Mastercigars Direct Ltd v Withers LLP

Mastercigars Direct Ltd v Withers LLP

Where both parties' applications have failed and are similar in complexity and scope, the just and proportionate order is that there be no order as to costs, avoiding unnecessary assessments.

Parties
Claimant: Mastercigars Direct Limited; Defendant: Withers LLP
Jurisdiction
England and Wales
Judgment Date
29 June 2009
Procedural Posture
Costs Application (civil Appeal) / Post Judgment Consequential Order on Costs
Outcome
No order as to costs
Legal Topics
Costs, Consequential Orders, Applications, Assessment of Costs
Civil Procedure Costs Consequential Orders Applications Assessment of Costs

Case Brief

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Parties

Mastercigars Direct Limited

Claimant

Withers LLP

Defendant

Procedural Posture

Costs Application (civil Appeal) / Post Judgment Consequential Order on Costs

Legal Issues

  1. 1 What is the appropriate order as to costs where both parties' applications have failed?
  2. 2 Should costs be apportioned or should there be no order as to costs?

Ratio Decidendi

Where both parties' applications have failed and are similar in complexity and scope, the just and proportionate order is that there be no order as to costs, avoiding unnecessary assessments.

Court Disposition

No order as to costs

Orders

  • There be no order as to costs of the applications which were the subject of the judgment on 10 June 2009, including any costs incurred since 10 June 2009 in making submissions as to costs.