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Stoczina Gdanska v Lapley Shipping Company

29 May 2001
The issues

Split Order For Costs When A Party Only Partly Successful

The decision

A Judge is entitled to take into account when making a costs order at the end of an action whether a party succeeded on part of his case even if he was not wholly successful. In this case the Claimant had failed on or abandoning two of the three parts of its claim. Rule 44.3(2) stated that unsuccessful party should pay the costs of a successful party. Rule 44.3 (4) (b) said that the Court had a discretion when a party succeeded on part of its case even if he was not wholly successful. Accordingly, the Claimant would be entitled only to 38% of his overall costs.

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