A successful defendant who fails to accept a walk-away offer and forces a plaintiff of limited means to run a case for a day in the hope of obtaining a costs order may be denied costs, particularly where the defendant has not cross-claimed against a co-defendant ultimately held liable. The costs of pursuing an appeal from such a decision are likely to exceed any recoverable costs, weighing heavily against the grant of leave.
The full text is available to signed-in members, including the 2 later cases that cite this judgment.