Morgan v UPS

Morgan v UPS

The Recorder was entitled, in the exercise of his discretion, to award the claimant his costs as the payment into court was insufficient, the claimant showed willingness to negotiate, and the exaggeration did not dominate the proceedings. The judge’s reasons were tenable and within the broad discretion afforded by the rules.

Parties
Respondent/claimant: Paul Morgan; Appellants/defendants: UPS Limited
Jurisdiction
England and Wales
Judgment Date
11 November 2008
Procedural Posture
Civil Appeal / Appeal From Southampton 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

Summary, issues, holding and outcome

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Parties

Paul Morgan

Respondent/claimant

UPS Limited

Appellants/defendants

Procedural Posture

Civil Appeal / Appeal From Southampton County Court Judgment on Costs

Legal Issues

  1. 1 Whether the Recorder erred in awarding the claimant his costs despite exaggeration and minimal beating of payment into court
  2. 2 Whether the Recorder properly exercised his discretion in considering conduct and offers under CPR Part 36

Ratio Decidendi

The Recorder was entitled, in the exercise of his discretion, to award the claimant his costs as the payment into court was insufficient, the claimant showed willingness to negotiate, and the exaggeration did not dominate the proceedings. The judge’s reasons were tenable and within the broad discretion afforded by the rules.

Court Disposition

Appeal dismissed

Orders

  • Claimant awarded costs to be assessed on the standard basis if not agreed