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R.C. Southwell , Esq., Q.C., President;P.D . Smith, Esq., Q.C., and;de V.G. Carey, Bailiff of Guernsey.
Appeal by the Appellant against so much of the Order of the Royal Court of 8th May, 2000, as entered Judgment for the Respondent in the sum of £538,577.28 (plus interest on special damages).
Appeal by the Respondent, by way of Respondent's Notice, against so much of the Judgment of the Royal Court of 8th May, 2000, as relates to the relevance of the finding of a pre-existing condition and the exacerbation of that pre-existing condition.
We sat on 3rd May 2001 and delivered our judgment on the substantive aspects of this appeal. We then dealt with the costs of the appeal. In this short judgment we give our reasons for the orders we made in respect of those costs.
Advocate Dorey , for the Appellant, argued that it was entitled to its costs of the appeal against the Respondent as the Appellant had "won" before us. However, examination of the grounds of the appeal does not support this proposition. The appeal concerned not only quantum but also liability. It is true that the latter issue was not argued before us on the Appellant's behalf to any significant extent. However, this does not alter the facts that the Appellant did appeal on liability and lost before us on the liability issue.
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