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Burchell v Bullard & Ors [2005] EWCA Civ 358 (08 April 2005)

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Costs Order: Where the claim and counterclaim both succeeded, but the quantum of the claim exceeded the counterclaim, it was held that the judge had erred in ordering the claimant to pay the costs of the counterclaim and the defendants to pay the costs of the claim. The defendants were the unsuccessful parties and, in the circumstances, a just award was that the claimant should have 60% of the costs of the proceedings claim and counterclaim together, and the same percentage of the costs of the Part 20 proceedings.

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