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Costs – Order for costs. The parties had settled the claimant's proceedings against the defendant for damages. The recorder ordered the defendant to pay costs on the standard basis, as the claimant had unreasonably failed to accept settlement offers. The defendant appealed on the grounds that the recorder had failed to consider that earlier offers had been unreasonably refused and to reduce the costs payable for the claimant's dishonesty. The Court of Appeal, Civil Division, in allowing the appeal, held that the recorder's errors had vitiated his exercise of discretion with respect to an earlier offer, but that he had not prejudiced the costs judge's determination with respect to the claimant's dishonesty.
Costs – Order for costs. The parties had settled the claimant's proceedings against the defendant for damages. The recorder ordered the defendant to pay costs on the standard basis, as the claimant had unreasonably failed to accept settlement offers. The defendant appealed on the grounds that the recorder had failed to consider that earlier offers had been unreasonably refused and to reduce the costs payable for the claimant's dishonesty. The Court of Appeal, Civil Division, in allowing the appeal, held that the recorder's errors had vitiated his exercise of discretion with respect to an earlier offer, but that he had not prejudiced the costs judge's determination with respect to the claimant's dishonesty.
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