image_pdfimage_print
Pyrrhic victory

You recovered 2% of your claim. Did you win?

So, you’ve recovered £700,000. But you were claiming £38m. Who really won?

Sir Antony Edwards-Stuart found that the claimant’s recovery in this case whilst “not, of itself, nominal … was a tiny fraction (about 2%) of the sum claimed” and amounted to, at best, a pyrrhic victory. Following an examination of various authorities on the subject of identifying the true winner in cases where the claimant has recovered a small fraction of the amount sought, he determined that the defendant should pay just 20% of the claimant’s costs.

Pyrrhic victory

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