Costs orders and dishonesty – Law Society’s Gazette
‘It is notoriously difficult to successfully appeal costs decisions. In F & C Alternative Investments (Holdings) Ltd v Barthelemy (No 3) [2012] EWCA Civ 843, Davis LJ explained that costs orders involve an evaluative exercise entrusted to the trial judge, whose familiarity with the case places them in a position that an appellate court cannot replicate. It follows that an appellate court will interfere only where the judge has erred in principle, considered irrelevant factors, overlooked relevant matters or reached a decision that is plainly unsustainable (see also SCT Finance v Bolton [2002] EWCA Civ 56). However, in the recent case of Ward and others v Donnellan and others [2026] EWCA Civ 729, the Court of Appeal overturned the first instance judge’s decision to make no order as to costs following the failure of a claim in which both parties were dishonest.’
Law Society's Gazette, 3rd July 2026
Source: www.lawgazette.co.uk

