Where a fractional costs order is appropriate, the preferred form is an order that one party pay a specified percentage of the other's costs, rather than cross-orders requiring each party to pay a percentage of the other's costs, because the latter doubles the possibility for further dispute. The mere fact that a failed defence was reasonably arguable does not preclude departure from the default costs-follow-the-event rule; the ultimate question is fairness having regard to each party's responsibility for incurring costs.
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