Cases

Brown v Mcasso Music Productions Ltd

Held

Allowing the appeal and substituting an order of 'no order as to costs': (1) following Halsey, the reasons given by the Appellant for refusing MUDRS were reasonable and should not have been relied on in exercising the costs discretion. (2) the rejected offers did not comply with Part 36. In the light of the guidance in The Trustee of Stokes Pension Fund, the judge erred in principle as he was not entitled to rely on this offer as a reason for ordering the Appellant to pay the Respondent's costs. (3) Considering Roache v News Group Newspapers [1998] EMLR 161, and asking 'who in reality had won', the answer was neither party. The appropriate order was no order as to costs.

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