“…The identification of the successful party is a pragmatic exercise in the real world. He referred to Day v Day [2006] EWCA (Civ) 415, and to paragraph 57 of Tesfay. In paragraph 57 Lloyd Jones LJ observed that it can be difficult to say who has won in a public law claim; sometimes the most t…”
“…that this court is reluctant to interfere with the exercise of the first instance judge’s discretion as to costs. He cited the judgment of Ward LJ in Day v Day [2006] EWCA Civ 415 where no order for costs had been made by the trial judge on the basis that neither side in a bitter family dispute had won what they had claimed. Ward LJ (wit…”
“…In determining who the successful party is, it can be helpful to look to which of the parties has had to make a payment. In Day v Day [2006] EWCA Civ 415, [2006] CP Rep 35, which involved a dispute about the beneficial ownership of the proceeds of sale of a house, Ward LJ said (at paragraph 17):…”
“…In Day v Day [2006] EWCA Civ 415; [2006] CP Rep 35 at [17], a case involving a dispute as to the beneficial ownership of the net proceeds of sale of a property, having referred to that passage…”