Description
Unsuccessful claimants sought a general discount to reflect points lost by the defendants and challenged items claimed on the defendants' cost schedule.
Held: A defendant, which has no choice but to defend itself, should not be penalised in costs when points aid the Court in the overall meaning of the claim.
Any claim for additional expense incurred by issuing an application should be sought via a special costs order under CPR 63.26(2).
In the present case, the lost points were not improperly taken nor led to any significant additional expenditure. It was not possible for the defendants to claim a figure for the application for the CMC and an additional figure for attendance.
