“… “manifest injustice” imposed a further threshold requirement, but was content to proceed as if it did. But as David Richards LJ pointed out in Powles v Reeves [2016] EWCA Civ 1375, [2017] 1 Costs LR 19 at [25] the decisions in Venture Finance plc v Mead and Bray v Bishop do not appear to have been cited in Patience v Tanner. In Powles v …”
“… add that, even in that context, it may be possible for the court to identify the winner in order to determine the incidence of costs: see e.g. Powles v Reeves [2016] EWCA Civ 1375, [2017] 1 Costs LR 19.…”