Source: All England Reporter
Publisher Citation: [2009] All ER (D) 04 (Dec)
Neutral Citation: [2009] EWCA Civ 1039
Court: Court of Appeal, Civil Division
Judge:

Toulson and Patten LJJ
Representation Kevin Naylor (instructed by Simon A Holt & Co, Preston) for the claimant.
  Jason Cox (instructed by Langley, York) for the authority.
Judgment Dates: 14 July 2009

Catchwords

Costs - Discretion - Order for costs - Claimant tripping on pavement of defendant local authority and sustaining injury to right wrist and hip - Claimant bringing claim against authority for damages for negligence and breach of statutory duty - Authority conceding liability but alleging contributory negligence - Claimant stating would require continuing care and assistance - Authority making interim payment - Video surveillance taken of claimant establishing that claimant not requiring continuing care and assistance - Claimant retaining interim payment - Judge ordering authority to pay 50 per cent of claimant's costs to be assessed on standard basis - Whether judge erring in exercise of discretion - s 41.

The Case

Costs Discretion. The Court of Appeal, Civil Division, allowed the defendant local authority's appeal against the costs that were awarded in a personal injury claim where they had admitted liability, finding that the authority should pay the claimant's costs up to when an interim payment was made by the authority, but the claimant should pay the authority's costs thereafter.

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