Wembley litigation costs judgment penalises parties for not settling | Practical Law
The costs judgment in Multiplex Constructions (UK) Limited v Cleveland Bridge UK Limited and another [2008] EWHC 2280 (TCC) (the Wembley litigation) establishes eight key principles which judges should follow when deciding costs. It emphasises that the general rule that the successful party is entitled to an order for costs is only the starting point in the exercise of the court's discretion. Also that proportionate costs orders are to be preferred to issue-based ones and the parties' approach to settlement as well as general conduct of the litigation is very important.