Molloy v Shell UK Ltd [2001] EWCA Civ 1272 (6 July 2001)

Molloy v Shell UK Ltd [2001] EWCA Civ 1272 (6 July 2001)

The claimant failed to better the Part 36 payment and engaged in grossly dishonest conduct throughout the proceedings. The judge erred by not awarding the defendant all post-Part 36 costs and by failing to consider the claimant's conduct before the Part 36 payment. The only proper exercise of discretion was to award the defendant all their costs after the Part 36 payment.

Citation
[2001] EWCA Civ 1272
Parties
Claimant/respondent: Anthony Molloy; Defendant/appellant: Shell UK Limited
Jurisdiction
England and Wales
Judgment Date
06 July 2001
Procedural Posture
Appeal / Appeal Against Order for Costs After Trial on Damages
Outcome
Appeal allowed
Legal Topics
Costs, Fraudulent Claims, Part 36 Offers, Conduct of Parties
Civil Procedure Personal Injury Costs Fraudulent Claims Part 36 Offers Conduct of Parties

Case Brief

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Parties

Anthony Molloy

Claimant/respondent

Shell UK Limited

Defendant/appellant

Procedural Posture

Appeal / Appeal Against Order for Costs After Trial on Damages

Legal Issues

  1. 1 Whether the claimant failed to better the Part 36 payment
  2. 2 Whether the scale of the claimant's dishonesty required awarding all post-Part 36 costs to the defendant
  3. 3 Whether the judge erred in considering only post-Part 36 conduct

Ratio Decidendi

The claimant failed to better the Part 36 payment and engaged in grossly dishonest conduct throughout the proceedings. The judge erred by not awarding the defendant all post-Part 36 costs and by failing to consider the claimant's conduct before the Part 36 payment. The only proper exercise of discretion was to award the defendant all their costs after the Part 36 payment.

Court Disposition

Appeal allowed

Orders

  • Respondent to pay appellants' costs incurred after the date of the Part 36 payment, subject to detailed assessment