Where a plaintiff's original claim was far in excess of the District Court's jurisdiction and the claims were at least arguable, UCPR r 42.34 will not be applied merely because the damages ultimately recovered fell within District Court limits. Where the reduction in damages on appeal results from changed circumstances (the defendant completing remedial works) rather than error by the primary judge, the first instance costs order will not be disturbed.
The full text is available to signed-in members.