Abbott v Long

Abbott v Long

The trial judge was entitled to make no order as to costs due to the appellant's grossly exaggerated claim, failure to mitigate loss, and the commercial conduct of the litigation, which justified a proportionate sanction. The appellate court found no error in principle or disproportionality in the judge's exercise of discretion.

Parties
Appellant: Abbott; Respondent: Long
Jurisdiction
England and Wales
Judgment Date
20 May 2011
Procedural Posture
Civil Appeal / Appeal From Central London County Court on Costs Order
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

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Abbott

Appellant

Long

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the trial judge erred in making no order as to costs after a finding of contributory negligence and a grossly exaggerated claim
  2. 2 Whether the conduct of the claimant justified depriving him of costs despite partial success

Ratio Decidendi

The trial judge was entitled to make no order as to costs due to the appellant's grossly exaggerated claim, failure to mitigate loss, and the commercial conduct of the litigation, which justified a proportionate sanction. The appellate court found no error in principle or disproportionality in the judge's exercise of discretion.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs
  • Application to adduce fresh evidence refused