Costs of determining a preliminary issue

preliminary issue

A master had erred in assessing costs awarded on a preliminary issue at nil on the ground that the receiving party had ultimately failed very badly in its case. The costs order had been intended to deal with the costs of the preliminary issue as a discrete set of costs, irrespective of the overall fate of the action.

BUSINESS ENVIRONMENT BOW LANE LTD v DEANWATER ESTATES LTD [2009] EWHC 2014 (Ch)