Winners and losers: working out who won the case

Recorded on: 13/09/2021

It is not always as easy as you might think to determine the winner in litigation and it is obviously of massive importance when it comes to deciding who pays the costs. There are many reported cases each year where judges struggle with this, such as where a claimant recovers only a fraction of what they sought, and recently we have seen much talk about Shah & Anor v Shah & Anor [2021] EWHC 1668 (QB), where the claimants made a £1 part 36 offer and were awarded nominal damages of £10 at trial. They were awarded their costs.

In this webinar, Professor Dominic Regan will consider the Issues that arise, including:

  • Does any financial recovery equate to a win?
  • Near-miss offers
  • What happens to budgeted costs if the recovery is much lower than pleaded?
  • Is the recipient of nominal damages a winner or a loser?
  • Part 36 offers after Shah
  • Tactical considerations for the defendant

Watch a two minute preview of the webinar


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