The claim had not been compromised as the judge had stated and so the judge had not been bound by BCT Software Solutions Ltd v C Brewer & Sons Ltd [2003] EWCA Civ 393, [2003] All ER (D) 196 (Jul)-- where parties have settled on all
issues save
costs before a trial or where a trial is incomplete, the court should not, save in a reasonably
obvious case, embark on making an order for
costs because the court will have no proper basis
of agreed or determined facts upon which to base its decision.
1) While litigation
costs are often prohibitive and an
obvious issue in access to justice, litigation often arises only as a result
of failure to obtain (sufficient) legal advise in the first case.