Nature of case
This concerned an application to vary a draft costs order. MSP contended that the proposed costs order, and the reasoning that supported it, did not fully or fairly take account of the principle that “he who draws the cheque should pay the costs of obtaining it”. The court held that despite the small financial advantage to MSP that had resulted, the end result was a draw as both parties won on their individual claims. As such, MSP was not entitled to its costs or any part of them on the “writing the cheque” principle.

Counsel: Jessica Stephens

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