COST BITES 408: WHO (IF ANYONE) SHOULD PAY THE COSTS WHEN THE COURT MAKES NO DECISION ON THE SUBSTANTIVE ISSUE?

In this case the judge considered an argument that a claimant who made, but failed, in an application for an interim injunction should not necessarily be liable for costs. This argument was put forward on the basis that the court had not considered the merits of the case, but decided the issue on pr...