| Source: | All England Reporter |
| Publisher Citation: | [2005] All ER (D) 45 (Feb) |
| Court: | Court of Appeal, Civil Division |
| Judge: | Longmore and Maurice Kay LJJ |
| Representation | Gabriel Farmer (instructed by Thompsons) for the claimant. |
| Julian Waters (instructed by Berrymans Lace Mawer) for the defendant. | |
| Judgment Dates: | 3 February 2005 |
Catchwords
Civil costs - Order for costs - Conduct of party - Personal injury claim - Exaggeration of injury by claimant - Court finding exaggeration by claimant - Damages substantially lower than those sought by claimant but beating Pt 36 payment - Claimant awarded costs - Correctness of order - CPR 44.3, SI 1998/3132.
The Case
In the circumstances of the case, where the claimant had been found to have exaggerated her personal injury claim, but the total award of damages in her favour exceeded the defendant's Pt36 payment, the trial judge had exceeded the generous ambit of his discretion in awarding the claimant her costs of the action.
Practice Areas
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