Finster v Arriva London & Anor

Finster v Arriva London & Anor

The bill of costs is globally disproportionate given the realistic value of the claim, which was not supported by credible evidence for the £1.4m valuation. The claimant is entitled to standard basis costs as per the settlement, but only those costs which would have been recoverable if the litigation had been conducted proportionately. Costs relating to special damages are not disallowed as abandoned issues, but the item-by-item approach will be applied to ensure only necessary costs are allowed.

Parties
Claimant: Paul Sheridan Finster; First Defendant: Arriva London; Second Defendant: Steven Booth
Jurisdiction
England and Wales
Judgment Date
07 February 2007
Procedural Posture
Costs Assessment Following Settlement of Personal Injury Claim / Reserved Judgment on Points of Dispute Regarding Exaggeration and Proportionality
Outcome
Finding in favour of the paying party on global proportionality; detailed assessment to proceed on item-by-item basis.
Legal Topics
Costs Assessment, Proportionality, Exaggeration of Claims, Settlement, Conduct of Parties
Civil Procedure Personal Injury Costs Costs Assessment Proportionality Exaggeration of Claims Settlement Conduct of Parties

Case Brief

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Parties

Paul Sheridan Finster

Claimant

Arriva London

First Defendant

Steven Booth

Second Defendant

Procedural Posture

Costs Assessment Following Settlement of Personal Injury Claim / Reserved Judgment on Points of Dispute Regarding Exaggeration and Proportionality

Legal Issues

  1. 1 Whether the bill of costs is disproportionate to the reasonable value of the claim
  2. 2 Whether costs should be reduced due to exaggeration of the claim
  3. 3 Whether costs relating to special damages should be disallowed as abandoned issues

Ratio Decidendi

The bill of costs is globally disproportionate given the realistic value of the claim, which was not supported by credible evidence for the £1.4m valuation. The claimant is entitled to standard basis costs as per the settlement, but only those costs which would have been recoverable if the litigation had been conducted proportionately. Costs relating to special damages are not disallowed as abandoned issues, but the item-by-item approach will be applied to ensure only necessary costs are allowed.

Court Disposition

Finding in favour of the paying party on global proportionality; detailed assessment to proceed on item-by-item basis.

Orders

  • Claimant entitled to standard basis costs up to date of acceptance, subject to item-by-item assessment for necessity and proportionality.
  • Costs equivalent to a one day liability trial will be allowed; further submissions to be heard on resumed hearing.