Identifying the winner at the end of a case must be an evaluative exercise rather than a discretionary one

Pyrrhic victory

The High Court was wrong to declare minority shareholders the winners of an unfair prejudice case and thus entitled to their costs. Despite being successful in their application for relief, the value of their shares was held to be zero. Furthermore, the High Court Judge was wrong to disregard six without-prejudice offers that the petitioners had rejected.

ASHDOWN & ORS v GRIFFIN & ORS [2018] EWCA CIV 1793