Kupeli and others v Kibris Turk Hava Yollari Sirketi (trading as Cyprus Turkish Airlines)

Costs – Discretion. The judge had been wrong to equate 'who receives the cheque' with the successful party for the purposes of CPR 44.2(2) in the context of the complex group claim, such that order that the second defendant pay 33% of the 838 claimants' costs of the trial was wrong and it had to be set aside. The Court of Appeal, Civil Division, in allowing the second defendant's appeal, held that no order as to costs would both be compliant with the letter and spirit of the CPR, and be the just and appropriate order as to costs as between the parties.

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