Morgan v UPS [2008] EWCA Civ 1476 (11 November 2008)

Morgan v UPS [2008] EWCA Civ 1476 (11 November 2008)

The Recorder was entitled, in the exercise of his discretion, to award the claimant his costs because the payment into court was insufficient, albeit by a small margin, and the claimant had shown willingness to negotiate and reduced his claim in light of evidence. The exaggeration and untruthfulness were considered but did not justify departing from the usual order on costs.

Citation
[2008] EWCA Civ 1476
Parties
Respondent/claimant: Paul Morgan; Appellants/defendants: UPS Limited
Jurisdiction
England and Wales
Judgment Date
11 November 2008
Procedural Posture
Personal Injury Appeal / Appeal From County Court Judgment on Costs
Outcome
Appeal dismissed
Legal Topics
Costs, Part 36 Offers, Exaggeration of Claim, Judicial Discretion
Civil Procedure Personal Injury Costs Part 36 Offers Exaggeration of Claim Judicial Discretion

Case Brief

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Parties

Paul Morgan

Respondent/claimant

UPS Limited

Appellants/defendants

Procedural Posture

Personal Injury Appeal / Appeal From County Court Judgment on Costs

Legal Issues

  1. 1 Whether the Recorder erred in awarding the claimant his costs despite exaggeration and minimal margin over payment into court
  2. 2 Proper exercise of judicial discretion in costs orders under CPR Part 36 and Rule 44.3

Ratio Decidendi

The Recorder was entitled, in the exercise of his discretion, to award the claimant his costs because the payment into court was insufficient, albeit by a small margin, and the claimant had shown willingness to negotiate and reduced his claim in light of evidence. The exaggeration and untruthfulness were considered but did not justify departing from the usual order on costs.

Court Disposition

Appeal dismissed

Orders

  • Appellants to pay respondent's costs to be assessed on the standard basis if not agreed