Judge: Whipple J
Citation:  EWHC 2046 (Admin)
Although in parts obiter dicta, the Court of Appeal stated that a Defendant can enforce an order for costs against damages awarded to a Claimant against a different Defendant. However, where settlement is reached, be it by way of Part 36 settlement or recorded in a Tomlin Order, the Court has not ‘ordered’ those damages and therefore set off cannot occur.
Having reviewed Rule 44.13 (Qualified One Way Costs Shifting) and the relevant case law, Whipple J stated:
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