Carver v BAA Plc: CA 22 Apr 2008

The claimant had succeeded in her claim and had recovered more than the sum paid in by the defendant, and now appealed an order for costs in favour of the defendant.
Held: The award of costs to a successful claimant achieving more than any sum paid in was not automatic. Where the court felt that the litigation had been conducted in an inappropriate manner, as here, it had a discretion to depart from the normal order and award the defendant their costs. The court had a discretion to take into account all the circumstances when asking whether a settlement was more advantageuos than the sum paid in. The claimant here had only just bettered the payment in and had pursued her claim well beyond a time when she should have done.

Judges:

Ward, Rix, Keene LJJ

Citations:

[2008] EWCA Civ 412, Times 04-Jun-2008, [2009] 1 WLR 113, [2008] 3 All ER 911, [2008] PIQR P15, [2008] LS Law Medical 351, [2008] CP Rep 30

Links:

Bailii

Statutes:

Civil Procedure Rules 36.14(1)

Jurisdiction:

England and Wales

Cited by:

CitedGibbon v Manchester City Council, L G Blower Specialist Bricklayer Ltd, Reeves and another CA 25-Jun-2010
A payment in had been made, and a counter offer made by the claimant. The original offer was increased but rejected. The counter-offer was not withdrawn, and was then accepted by the defendant. On receipt of the acceptance, the claimant purported to . .
Lists of cited by and citing cases may be incomplete.

Costs, Personal Injury

Updated: 14 July 2022; Ref: scu.267004