0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

Budgen v Andrew Gardner Partnership, Court of Appeal

30 August 2002
The issues

Costs – split Orders.

The facts

The Claimant started a civil action for damages following injuries suffered in a road traffic accident. As a result of the admitted negligence of the Defendant firm, the claim was struck out. The Claimant then began proceedings against the Andrew Gardner Partnership. In that action, the Claimant was awarded damages of over £300,000.00. However, the Claimant failed on one issue which had taken up a substantial part of the Trial. The Defendant argued that they should be entitled to an issue-based Costs Order following Civil Procedure Rules 44.3(6)(f). The Judge however decided to make a percentage based award of costs (Civil Procedure Rules 44.3(6)(a)) and accordingly awarded the Claimant only 75% of his costs. The Defendant appealed.

The decision

Judges should be readier to make Costs Orders that reflected the outcome of particular issues and not merely the overall outcome of proceedings. If a party unreasonably pursued a losing issue within a winning case, there should be a costs sanction. However, the Judge was perfectly entitled to make a percentage Costs Order. The Court of Appeal would not interfere with the Judge’s exercise of discretion with regard to the figure of 25%.

focus on...

Legal updates

Non-payment of insurance premiums during the Coronavirus pandemic

The forced closure of many businesses as a result of the Coronavirus pandemic has had a huge impact on the nation’s Gross Domestic Product (GDP). Recent reports from the Office for National Statistics state that the economy was 25% smaller in April than it was in February this year.


Legal updates

Reinstatement for property damage losses – when does it apply?

The Court of Appeal has recently considered the correct test for measuring the indemnity for property damage losses and has provided useful guidance on whether an insured needs to intend to reinstate the property to its pre-loss condition.


Legal updates

Coronavirus (COVID-19) insurance considerations

With instances of COVID-19 rapidly increasing throughout the UK, many businesses are considering the options available to limit staff and customer exposure to Coronavirus.


Legal updates

Insurance annual review 2019-2020

Welcome to our review of 2019 as we look ahead to what is on the horizon for the insurance sector in 2020.


The content on this page is provided for the purposes of general interest and information. It contains only brief summaries of aspects of the subject matter and does not provide comprehensive statements of the law. It does not constitute legal advice and does not provide a substitute for it.

mailing list sign up

Select which mailings you would like to receive from us.

Sign up