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

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

The court refused to make an order for interim payment of costs, finding that at this early stage, with unresolved issues of liability and quantum, and early Part 36 offers, there was insufficient security for the defendant's costs. The risk of diminishing security through interim payment outweighed the claimant's arguments, and the evidence did not justify final costs orders or interim payments.

Citation
[2021] EWHC 3492 (QB)
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 Claim / Application for Interim Payment of Costs at First Case Management Conference
Outcome
Application refused
Legal Topics
Interim Payment of Costs, Contributory Negligence, Costs Budgeting, Part 36 Offers, Security for Costs
Personal Injury Civil Procedure Interim Payment of Costs Contributory Negligence Costs Budgeting Part 36 Offers Security for Costs

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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 Claim / Application for Interim Payment of Costs at First Case Management Conference

Legal Issues

  1. 1 Whether the court should make an order for interim payment of costs to the claimant
  2. 2 Whether there is sufficient security for the defendant's costs to justify an interim payment
  3. 3 Appropriateness of making final costs orders at an early stage

Ratio Decidendi

The court refused to make an order for interim payment of costs, finding that at this early stage, with unresolved issues of liability and quantum, and early Part 36 offers, there was insufficient security for the defendant's costs. The risk of diminishing security through interim payment outweighed the claimant's arguments, and the evidence did not justify final costs orders or interim payments.

Court Disposition

Application refused