000			01741cam a2200241 4500
001			ABS67694
008			040408n2004 000 0 eng u
035			_a(Sirsi) u125794
100			_aYule, I.
245			_aNow everyone's unhappy
260			_c2004
490			_aBuilding _v269(8323) 12 March 2004, 54(1)
520			_aExamines the trend in litigation since the Woolf reforms in 1998 whereby the losing side no longer automatically pays all the winner's costs. Judges now have to take into account whether an issue based order is appropriate. The court may decide that the party should not receive any costs connected to an issue if one side has lost on a particular allegation or issue even if it won the case overall. Gives examples of this from recent construction cases including, "Kastor Navigation Co Ltd v AGF MAT" ([2004] EWCA Civ 277, [2004] ALL ER D 187(Mar)) where the successful claimant was awarded about $3m but the court ordered it to pay its own costs and 70% of the costs of the defendant. This was because much of the trial was taken up with an issue on which the claimant failed. A claimant which failed to better an offer by the defendant would normally have had to pay the defendant costs from the date of the offer. However in "Johnson v Gore Wood and Co" ([2004] EWCA Civ 14, unreported) the CA ruled that they should only pay around 50% of the costs because of the way the defendant had conducted the trial.
590			_aABS
590			_aABS
650			_aKASTOR NAVIGATION CO LTD V AGF MAT
650			_aJOHNSON V GORE WOOD AND CO
650			_aAL BARNES LTD V TIME TALK (UK) LTD
650			_aWOOLF REFORMS
650			_aARBITRATORS
690			_aBUILDING AND CONSTRUCTION-LAW
942			_n0
999			_c117186 _d117186