21.10.2009Forcelux Ltd. v Binnie  EWCA Civ 1077
Key issues: costs under a contract, Court of Appeal
The main action was a landlord and tenant dispute in relation to possession of a property.
At first instance a split order for costs was made, which was appealed with the landlord being held liable for the costs of the appeal.
The landlord appealed to the Court of Appeal, on the basis that he was entitled to costs on the basis of terms of the lease, which he had not previously raised as an argument.
This argument was rejected on the basis that he lost the appeals and so was liable for costs regardless of the terms of the lease.
15.10.2009Eweida v British Airways PLC  EWCA Civ 1025
Key issues: Court of Appeal, Protective Costs Orders
The main action was an employment dispute over whether the Claimant could wear a cross as part of her uniform. She had lost in the Employment Tribunal and Employment Appeal Tribunal and had appealed to the Court of Appeal.
This case was over whether a Protective Costs Order (PCO) could be awarded in private proceedings.
The Court of Appeal held that a PCO could not be awarded because the matter was not of a public matter, but a private one.
02.10.2009Barr and others v Biffa Waste Services Ltd. (No 2)  EWHC 2444 (TCC)
Key issues: ATE, costs capping, High Court
The Claimants in this case had an ATE policy.
The Defendant submitted that the Claimant’s own costs should be limited to the level of the indemnity of the policy and sought a Costs Capping Order on this basis.
This argument was dismissed as the Court ruled that the only relevant factors are those under CPR 44.18(5).
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