Home Office v Lownds: Proportionality and The Award of Costs: The Definitive Judicial Pronouncement.
Article from: TDM 0 (2003), in International Commercial Arbitration
Abstract
The theme of "Proportionality" provides a major cornerstone of the CPR's rationale and a recent Court of Appeal judgement (whose importance is demonstrated by the Lord Chief Justice not only sitting but delivering the sole judgement) lays down definitive guidance on the matter. While arbitration is, of course, not subject to the CPR, Arbitrators, in exercising discretion under s.61(1) and 63(3), will wish to consider carefully the applicability of CPR principles (and therefore the subject judgement) to their case in hand. As a separate issue, the principles enunciated in ...