MANUEL MATHIEU v TONY MARTIN HINDS & Anor (No 2: Costs)

MANUEL MATHIEU v TONY MARTIN HINDS & Anor (No 2: Costs)

The Claimant was the successful party but failed on a discrete and significant issue (dementia claim) and recovered less than 10% of the amount claimed. The court ordered that the Second Defendant pay 85% of the Claimant’s costs up to 31 January 2022 and 40% of the Claimant’s costs thereafter, reflecting a 15% reduction for the dementia issue and a 60% reduction for the post-offer period, due to partial success, conduct, and failure to beat realistic settlement offers. An interim payment on account of costs was set at £392,000, calculated as 60% of incurred costs and 90% of budgeted costs, subject to the percentage reductions and less £11,500.

Parties
Claimant: Manuel Mathieu; First Defendant: Tony Martin Hinds; Second Defendant: Aviva PLC
Jurisdiction
England and Wales
Judgment Date
23 June 2022
Procedural Posture
Civil Personal Injury / Costs Judgment After Quantum Trial
Outcome
Second Defendant to pay 85% of Claimant’s costs up to 31 January 2022 and 40% of Claimant’s costs thereafter, subject to detailed assessment.
Legal Topics
Costs, Provisional Damages, Settlement Offers, Quantum Assessment
Civil Procedure Personal Injury Costs Provisional Damages Settlement Offers Quantum Assessment

Case Brief

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Parties

Manuel Mathieu

Claimant

Tony Martin Hinds

First Defendant

Aviva PLC

Second Defendant

Procedural Posture

Civil Personal Injury / Costs Judgment After Quantum Trial

Legal Issues

  1. 1 Whether the Claimant is entitled to costs and to what extent, given partial success and conduct of the litigation
  2. 2 Appropriate percentage reductions to costs for failure on discrete issues (dementia claim) and partial success overall
  3. 3 Effect of settlement offers (Part 36 and Calderbank) on costs liability

Ratio Decidendi

The Claimant was the successful party but failed on a discrete and significant issue (dementia claim) and recovered less than 10% of the amount claimed. The court ordered that the Second Defendant pay 85% of the Claimant’s costs up to 31 January 2022 and 40% of the Claimant’s costs thereafter, reflecting a 15% reduction for the dementia issue and a 60% reduction for the post-offer period, due to partial success, conduct, and failure to beat realistic settlement offers. An interim payment on account of costs was set at £392,000, calculated as 60% of incurred costs and 90% of budgeted costs, subject to the percentage reductions and less £11,500.

Court Disposition

Second Defendant to pay 85% of Claimant’s costs up to 31 January 2022 and 40% of Claimant’s costs thereafter, subject to detailed assessment.

Orders

  • Interim payment on account of costs set at £392,000, calculated as 60% of incurred costs and 90% of budgeted costs, subject to percentage reductions and less £11,500.
  • Costs to be assessed if not agreed.