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)

Claimant is the successful party for costs purposes, but costs must be reduced to reflect discrete loss on dementia claim and partial success overall. For costs up to 31 January 2022, a 15% reduction is applied for the dementia issue. For costs after 1 February 2022, a 60% reduction is applied to reflect failure to beat defendant's offers, partial success, and conduct. Payment on account of costs is ordered per agreed formula, excluding costs in application to vary budget.

Citation
[2022] EWHC 1624 (QB)
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 Quantum Trial, Costs Determination
Outcome
Second Defendant ordered to pay Claimant's costs, subject to reductions: 15% up to 31 January 2022, 60% after 1 February 2022.
Legal Topics
Costs Orders, Provisional Damages, Settlement Offers, Partial Success, CPR 44.2, CPR Part 36, Calderbank Offers
Civil Procedure Personal Injury Costs Costs Orders Provisional Damages Settlement Offers Partial Success CPR 44.2 +2 more

Case Brief

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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 Quantum Trial, Costs Determination

Legal Issues

  1. 1 Appropriate costs order where claimant succeeded on some issues but failed on others
  2. 2 Effect of settlement offers (Part 36 and Calderbank) on costs
  3. 3 Whether claimant's conduct and partial success justify reduction in costs

Ratio Decidendi

Claimant is the successful party for costs purposes, but costs must be reduced to reflect discrete loss on dementia claim and partial success overall. For costs up to 31 January 2022, a 15% reduction is applied for the dementia issue. For costs after 1 February 2022, a 60% reduction is applied to reflect failure to beat defendant's offers, partial success, and conduct. Payment on account of costs is ordered per agreed formula, excluding costs in application to vary budget.

Court Disposition

Second Defendant ordered to pay Claimant's costs, subject to reductions: 15% up to 31 January 2022, 60% after 1 February 2022.

Orders

  • Claimant's costs up to 31 January 2022 reduced by 15%.
  • Claimant's costs after 1 February 2022 reduced by 60%.