Abbott v Long [2011] EWCA Civ 874 (20 May 2011)

Abbott v Long [2011] EWCA Civ 874 (20 May 2011)

The trial judge was entitled to make no order as to costs due to the appellant's grossly exaggerated claim for credit hire, failure to mitigate loss, and the commercial conduct of the litigation by the hire company. The judge's decision was within her discretion and proportionate to the conduct found.

Citation
[2011] EWCA Civ 874
Parties
Appellant: Abbott; Respondent: Long
Jurisdiction
England and Wales
Judgment Date
20 May 2011
Procedural Posture
Civil Appeal / Appeal From Central London County Court Judgment on Costs
Outcome
Appeal dismissed
Legal Topics
Costs, Contributory Negligence, Credit Hire Claims, Mitigation of Loss
Civil Procedure Personal Injury Costs Contributory Negligence Credit Hire Claims Mitigation of Loss

Case Brief

Summary, issues, holding and outcome

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Parties

Abbott

Appellant

Long

Respondent

Procedural Posture

Civil Appeal / Appeal From Central London County Court Judgment on Costs

Legal Issues

  1. 1 Whether the trial judge erred in making no order as to costs after a partially successful personal injury claim involving credit hire charges and contributory negligence.

Ratio Decidendi

The trial judge was entitled to make no order as to costs due to the appellant's grossly exaggerated claim for credit hire, failure to mitigate loss, and the commercial conduct of the litigation by the hire company. The judge's decision was within her discretion and proportionate to the conduct found.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs; trial judge's order affirmed