Court of Appeal awards the appellant the costs of a successful appeal of a decision of the High Court to award the respondent certain costs, but refuses to award the appellant the costs of the High Court costs application, on the grounds that: (a) the interests of justice would be best met by making no order as to the costs of the costs hearing in the High Court; (b) the suggestion that the respondent would suffer financial hardship if costs were ordered against it is not a good reason not to award costs; and (c) no good reason for departing from the normal rule that costs follow the event was raised by the defendant.
Haughton J (nem diss): Costs of legal proceedings - application for costs - appellant sought the costs of their successful appeal and the costs of the costs hearing in the High Court - the High Court had previously awarded the respondent certain costs - the Court of Appeal substituted this order for no order as to costs - whether letter sent by the appellant's solicitor suggesting that no order as to costs was the appropriate order and that they would seek to fix the costs of the application on the respondent if they proceeded with their application meant that the appellant should be given their costs - whether the appellant was entitled to the costs of the High Court costs application - whether the appellant was entitled to the costs of their successful appeal - s.169(1) of the Legal Services Regulation Act 2015 - Court exercises its discretion to make no order as to costs in relation to the High Court hearing - Court awards the appellant the costs of the appeal.