| Source: | All England Reporter |
| Publisher Citation: | [2001] All ER (D) 240 (Jul) |
| Court: | Queen's Bench Division |
| Judge: | Hallett J |
| Representation | Stephanie Jackson (instructed by George Ide, Phillips, Chichester) for CU. |
| Anthony Cheshire (instructed by Barlow Lyde & Gilbert) for PU. | |
| Judgment Dates: | 18 July 2001 |
Catchwords
Costs - Payment into court - Costs after payment in - Claimant in personal injury action refusing offer to settle - Defendant's insurer obtaining video evidence said to show claimant exaggerating injuries - Defendant not disclosing video until receiving updated statement and schedule of loss from claimant - Claimant then seeking to accept payment in - Master ruling claimant should pay defendants costs after latest date for acceptance of offer - Whether master plainly wrong in light of defendant's conduct in retaining video - CPR Pt 36.
The Case
In the circumstances of the case, the master had not been plainly wrong to order the claimant to pay the defendant's costs after the latest date for acceptance of a CPR Pt36 offer in circumstances where the defendant did not disclose a video tape, which was said to undermine the extent of the claimant's injuries, until the defendant had received an updated statement and medical report from the claimant.
Practice Areas
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