Where litigation outcomes are mixed across multiple proceedings and the entire dispute was attributable to one party's refusal to comply with an obligation they had no legal basis to resist, the court may order parties to bear their own costs rather than making issue-based or party-specific costs orders. An offer of compromise made jointly to multiple parties cannot be relied upon where one of those parties was ultimately successful, as the outcome for that party was better than the offer. The terms of an offer of compromise must be clear to be relied upon for costs purposes.
The full text is available to signed-in members.