The defendant appealed a finding of negligence and the associated costs order.
Held: The claimant had obtained an order allowing an extension of the limitation period in order to pursue the claim. Whilst the substantial damages award should be left in place, but on the limitation issue, the claimant had failed in several respects, and the costs award should be adjusted to reflect that failure. Parties to litigation should choose carefully which points they wished to pursue, and costs awards can play a part in encouraging them so to do.
Judges:
Waller LJ VP, Leveson LJ
Citations:
Times 04-Dec-2006, [2006] EWCA Civ 1535, [2007] PIQR P16, [2007] 4 Costs LR 527
Links:
Statutes:
Jurisdiction:
England and Wales
Personal Injury, Limitation, Litigation Practice
Updated: 14 September 2022; Ref: scu.246008
