Mathieu v Hinds & Anor (No. 2: Costs) [2022] EWHC 1624 (QB) (23 June 2022)

Mathieu v Hinds & Anor (No. 2: Costs) [2022] EWHC 1624 (QB) (23 June 2022)

The claimant is the successful party for costs purposes, but a 15% reduction is applied to his costs up to 31 January 2022 to reflect the discrete, failed dementia claim, and a 60% reduction is applied to his costs after 1 February 2022 to reflect partial success, conduct, and failure to beat realistic settlement offers. The claimant is entitled to a payment on account of costs, calculated on the reduced basis, but not for costs included in the application to vary the budget.

Citation
[2022] EWHC 1624
Parties
Claimant: Manuel Mathieu; First Defendant: Tony Martin Hinds; Second Defendant: Aviva PLC
Jurisdiction
England and Wales
Judgment Date
23 June 2022
Procedural Posture
Personal Injury Road Traffic Accident / Post Trial Costs Determination
Outcome
Claimant awarded costs subject to percentage reductions; interim payment on account of costs ordered.
Legal Topics
Costs, Provisional Damages, Settlement Offers, Quantum of Damages, Conduct of Litigation
Civil Procedure Personal Injury Costs Provisional Damages Settlement Offers Quantum of Damages Conduct of Litigation

Case Brief

Summary, issues, holding and outcome

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Parties

Manuel Mathieu

Claimant

Tony Martin Hinds

First Defendant

Aviva PLC

Second Defendant

Procedural Posture

Personal Injury Road Traffic Accident / Post Trial Costs Determination

Legal Issues

  1. 1 Whether the claimant is entitled to costs as the successful party
  2. 2 Whether costs should be reduced due to partial success and conduct
  3. 3 Effect of settlement offers (Part 36 and Calderbank) on costs

Ratio Decidendi

The claimant is the successful party for costs purposes, but a 15% reduction is applied to his costs up to 31 January 2022 to reflect the discrete, failed dementia claim, and a 60% reduction is applied to his costs after 1 February 2022 to reflect partial success, conduct, and failure to beat realistic settlement offers. The claimant is entitled to a payment on account of costs, calculated on the reduced basis, but not for costs included in the application to vary the budget.

Court Disposition

Claimant awarded costs subject to percentage reductions; interim payment on account of costs ordered.

Orders

  • Second Defendant to pay Claimant's costs up to 31 January 2022, reduced by 15% to reflect the dementia issue.
  • Second Defendant to pay Claimant's costs after 1 February 2022, reduced by 60% to reflect partial success and conduct.