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How costs proportionality arguments sometimes work in practice :

Claimant’s submission : The Defendant’s costs of £27k are disproportionate !

Defendant’s submission : Hypocrite! Your costs are double that sum !

Claimant’s submission : Don’t concern yourself with our costs – that has nothing to do with anything.

This case will have cost the Claimant £100k+. Hardly proportionate even if the case had succeeded.

I’m still not convinced that the introduction of the concept of “proportionality” has been of any use to anyone. Sorry LJ Jackson (now retired) but it’s a vague, subjective term and frankly the Costs Officers and Judges shouldn’t have to go through the arbitrary process of addressing the subject specifically.

Of course had the trial judge awarded the Defendant costs on the indemnity basis, the Claimant would have saved himself the costs of this failed appeal.