Where there is a payment into court with a denial of liability, costs will follow the event, and it is rare for a plaintiff to get his costs on the issue of liability. Sellers LJ said: ‘The action of tort consists of wrongdoing and damage resulting therefrom and the Plaintiff must prove both to obtain a judgment. On the face of it there can be no complaint and no ground for an order for costs on the issue of liability because the plaintiff is being called on to prove a case to establish his right to damages and has failed to get more than the amount in court. A payment into court is an offer to dispose of the action and if accepted prevents all further costs. A plaintiff who continues an action after a payment in takes a risk and cannot normally complain if he has to pay all the costs which his acceptance of an award would have avoided.’
Judges:
Sellers LJ
Citations:
[1962] All ER 266
Jurisdiction:
England and Wales
Costs
Updated: 05 May 2022; Ref: scu.347782