Plassas v Person (No 2)

In Plassas v Person, the plaintiff, Mr. Plassas, initiated proceedings against the defendant, Mr. Person, which were subsequently dismissed. Mr. Person applied for costs on the dismissal of the plaintiff's case. The central issue before the court was whether a gross sum costs order should be made in light of the absence of any point of principle in the proceedings.

The court examined the nature of the proceedings and the grounds on which the plaintiff's claim was dismissed. It considered the principle that costs should follow the event, but also recognised that the absence of a point of principle could influence the amount of costs awarded. The court acknowledged that while Mr. Plassas's claim was unsuccessful, the proceedings were not entirely without merit, as they did not involve a matter of significant public importance or legal principle. Consequently, the court determined that a gross sum costs order was appropriate, taking into account the unsuccessful nature of the claim but also the lack of a point of principle that would warrant a higher costs award.

The court's reasoning led to the conclusion that a gross sum costs order was suitable, balancing the unsuccessful outcome of the proceedings against the fact that no significant legal principle was at stake. The order was intended to reflect the overall circumstances of the case, ensuring that costs were proportionate to the nature of the dispute. In light of this reasoning, the court made a gross sum costs order against the plaintiff, reflecting the unsuccessful nature of the claim without imposing excessive costs due to the absence of a point of principle.