Source: All England Reporter
Publisher Citation: [2012] All ER (D) 16 (Aug)
Neutral Citation: [2012] EWCA Civ 1053
Court: Court of Appeal, Civil Division

Pill, Arden and Black LJJ

Representation Michael Soole QC and Paul Dean (instructed by Blake Lapthorn) for the claimant.
  Ben Browne QC and Roger Harris (instructed by Clyde & Co LLP) for the defendant.
Judgment Dates: 2 August 2012


Costs - Order for costs - Discretion - Defendant in personal injury claim making CPR Pt 36 offer in April 2009 - Experts unable to predict extent of impact of injury until claimant reached maturity - Claimant advised that further investigations required - Claimant accepting offer in 2011 - Judge ordering claimant to pay defendant's costs incurred after expiry of relevant period - CPR Pt 36.

The Case

Costs Order for costs. The Court of Appeal, Civil Division, in allowing the claimant's appeal, held that, in making a costs order in personal injury proceedings, the judge had not given weight to particular features of the case which should have been put into the balance against the normal order as to costs.

Practice Areas

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