Source: All England Reporter
Publisher Citation: [2005] All ER (D) 377 (Apr)
Court: Court of Appeal, Civil Division

Auld, Latham and Jacob LJJ

Representation Alan Smith (instructed by Douglas-Mann & Co) for the claimant.
  Roger Stewart QC and Richard Liddell (instructed by Weightmans) for the defendant trust.
Judgment Dates: 27 April 2005


Practice and procedure - Payment into court - Personal injury action - Successful claimant - No order as to costs - Correctness of decision.

The Case

Where the claimant had succeeded in the entirety of her claim for damages in respect of personal injury, and the judge had made no order as to costs, the change in the claimant's account could not justify the judge's decision to depart from the normal rule as to costs, under CPR 44.3. The defendant would be ordered to pay all of the claimant's costs, and those after the expiration of her Pt36 offer, on an indemnity basis.

Practice Areas

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