||All England Reporter
|| All ER (D) 45 (Feb)
||Court of Appeal, Civil Division
Longmore and Maurice Kay LJJ
||Gabriel Farmer (instructed by Thompsons) for the claimant.
||Julian Waters (instructed by Berrymans Lace Mawer) for the defendant.
||3 February 2005
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.
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.
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