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I think a far more important lesson from this judgment is that although the Claimants technically won, in that they were awarded a couple of thousand quid, they were ordered to pay virtually all of the Defendants’ costs.
This was quite a shock – I’ve always worked from the basic principle that the person who writes the cheque pays the costs.
The Claimants were lucky, in that the Defendants were litigants in person, but their own costs were well over £200k, so despite the fact that they `won’ it must have been one of the most Pyrrhic victories of all time!
Costs in the case doesn’t make sense here as the matter isn’t related to the underlying case.
Should be each side pays their own costs related to the application or Claimant pays.