Dufoo v Tolaini and others

Costs – Order for costs. Three applicants, D, P and DAP, made common cause against T, originally relying upon the same points of claim. They subsequently fell out and served separate pleadings. Shortly before trial, P and DAP settled with T, and T agreed not to seek any order for costs against P or DAP. D proceeded to trial and lost. D was ordered to pay 80% of T's costs, with no contribution to those costs from P and DAP. The Court of Appeal, Civil Division, in allowing D's appeal in part, held, inter alia, that the settlement agreement was not an answer to D's contribution claim. It was merely part of the circumstances of the case which the judge, having exercised his discretion under CPR 44.2, should have taken into account.

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