Dau Chi Chong v Funafloat Ltd t/a College Cruisers, British Waterways Board

31/01/2013

Practice Areas

Cases Citation

[2013] EWCA Civ 212, 2013 WL 128677

After successfully defeating a £5m personal injury claim whilst acting alongside Andrew Prynne QC on behalf of the British Waterways Board, James Arney appeared in the Court of Appeal on related costs matters. Reversing the trial judge’s exercise of discretion, the Court of Appeal reinforced the general rule that costs should follow the event. Accordingly as between the defendants the defendant/Part 20 claimant must pay only the costs in the Part 20 claim, leaving both defendants to look directly to the (partly impecunious) claimant to meet the costs of the main action.

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