The claimant had succeeded in his claim for damages for personal injuries, but there had been a payment in. There were cross appeals, as to the proportion of costs awarded, and by the defendant saying that the interest awarded should have been added to award before testing whether the payment had been beaten.
Held: The court should first examine what the payment in was expressed to represent and then consider whether the amount for which he has directed judgment to be entered, as compared with that payment, is less than that amount. Had the court done so, the award would not have bettered the payment in, and the costs award would be different. Appeal allowed. Cross appeal dismissed.
Citations:
[2004] EWCA Civ 1109, [2005] CP Rep 7, Times 28-Sep-2004, [2005] 1 Costs LR 68
Links:
Statutes:
Jurisdiction:
England and Wales
Personal Injury, Civil Procedure Rules, Costs
Updated: 14 November 2022; Ref: scu.200343
