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ARTICLE · 23 MARCH 2017

Costs: When The Loser Becomes A Winner

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The general rule for litigation conducted before the Courts in England and Wales is that the unsuccessful party will be ordered to pay the costs of the successful party.

United KingdomLitigation, Mediation & Arbitration
Lesley Timms
Lesley Timms
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The general rule for litigation conducted before the Courts in England and Wales is that the unsuccessful party will be ordered to pay the costs of the successful party. But who is the 'unsuccessful party' where the defendant admits liability in a £15m claim but is only awarded to pay nominal damages?

This is precisely what happened in the recent case of Marathon Asset Management v James Seddon and ors. In this case, Marathon (C) spent c. £8m in its pursuit of its damages claim of £15m against Mr Bridgeman (D3) (a case in which this firm acted). D3 admitted liability for his wrongdoings very early on in the proceedings, so the claim principally concerned an assessment of quantum.

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