Reduced Costs Because of Low Damages - Who Decides?

Costs After Receiving Less Than Part 36 Payment
Lahey v Pirelli Tyres Ltd [2007] EWCA Civ 91
CA
14 February 2007
Daily Law Notes Summary
A costs judge had no jurisdiction to vary a deemed order for
costs on the standard basis made on acceptance of a Pt 36 payment
into court. He therefore had no jurisdiction, before conducting a
detailed assessment of such costs, to order that a paying party
must pay only a proportion of the costs that were ultimately
assessed to be payable.