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Cheltenham Borough Council v. Laird, CA, 4/2/10

Description

The Court of Appeal held that the judge had been entitled to award the successful defendant to an action for fraudulent misrepresentation only 65 per cent of her costs on account that she had failed on several issues at trial. Pursuant to CPR r.44.3(4)(b), the court must have regard to the extent to which a party had succeeded on part of its case. The Court of Appeal held that there was no justification for departing from such issue based approach in fraud cases.

Specifications

  • Court of Appeal
  • Wednesday, 24 March 2010

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