Pentecost v John: QBD 10 Jul 2015

The defendant had lost its defence of a personal injury claim, but succeesfully challenged the claim on the basis that a proper analysis of the contractual framework led to the inevitable conclusion that BBK had no enforceable claim against the claimant in respect of those costs incurred after 2 July 2009. The consequence of this finding was that by the operation of the indemnity principle a very considerable proportion of the costs claimed against the defendant were thereby rendered irrecoverable and BBK were substantially out of pocket.

Turner J
[2015] EWHC 1970 (QB), [2015] 4 Costs LO 497
Bailii
Courts and Legal Services Act 1990 58
England and Wales

Costs, Personal Injury

Updated: 23 December 2021; Ref: scu.550078