Kew v Bettamix Ltd and others: CA 14 Nov 2006

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.
Waller LJ VP, Leveson LJ
[2006] EWCA Civ 1535, Times 04-Dec-2006, [2007] PIQR P16, [2007] 4 Costs LR 527
Limitation Act 1980 11
England and Wales

Updated: 13 March 2021; Ref: scu.246008