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COSTS: It’s not winning but taking part that counts

20 July 2012  

Mark Surguy looks at the costs consequences of not quite winning

Americans like the English system of litigation, where the loser pays the winner’s costs, because it dissuades litigation. However, winning and losing may not be straightforward concepts.

Additional Info

  • Case(s) Referenced:

    Medway Primary Care Trust & anor v Marcus [2011] EWCA Civ 750

    Oksuzoglu v Kay [1998] 2 All ER 361

    Roache v Newsgroup Newspapers Ltd [1998] EMLR 161

    Widlake v BAA Ltd [2009] EWCA Civ 1256