NAX v MAX & Anor [2021] EWHC 3492 (QB) (21 December 2021)

Given the early stage of proceedings, unresolved issues of liability and quantum, existence of early Part 36 offers, and insufficient security for Defendant's costs, it is not appropriate to make final orders as to costs or interim payment of costs at this stage.

Citation: [2021] EWHC 3492
Parties: Claimant: NAX (A protected party, suing by his wife and litigation friend, JAX); First Defendant: MAX; Second Defendant: Liverpool Victoria General Insurance Group Limited
Jurisdiction: England and Wales
Judgment Date: 21 December 2021
Procedural Posture: Personal Injury / Interlocutory Application for Interim Payment of Costs
Outcome: Application refused
Legal Topics: Interim Payment of Costs, Contributory Negligence, Costs Budgeting, Part 36 Offers, ATE Insurance, CFA Funding

Personal Injury Civil Procedure Interim Payment of Costs Contributory Negligence Costs Budgeting Part 36 Offers ATE Insurance CFA Funding

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Full judgment text Downloadable case file Legal principles 5 Authorities cited 17 Party arguments 2 Amounts and remedies 14

Parties

NAX (A protected party, suing by his wife and litigation friend, JAX)

Claimant

MAX

First Defendant

Liverpool Victoria General Insurance Group Limited

Second Defendant

Procedural Posture

Personal Injury / Interlocutory Application for Interim Payment of Costs

Legal Issues

1 Whether the court should make an order for costs of the action at an early stage
2 Whether an interim payment of costs should be ordered
3 Adequacy of security for Defendant's costs

Ratio Decidendi

Court Disposition

Application refused