Ali v Stagecoach

Ali v Stagecoach

A letter making an interim payment, reserving rights to recover any overpayment, is not equivalent to an offer capable of acceptance for the purposes of costs. The judge erred in treating it as such and giving it excessive weight in the costs decision.

Parties
Appellant: Ali; Respondent: Stagecoach
Jurisdiction
England and Wales
Judgment Date
28 October 2011
Procedural Posture
Civil Appeal / Appeal From Trial Judgment on Costs
Outcome
Appeal allowed
Legal Topics
Costs, Interim Payments, Low Velocity Impact, Offers to Settle
Civil Procedure Personal Injury Costs Interim Payments Low Velocity Impact Offers to Settle

Case Brief

Summary, issues, holding and outcome

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Parties

Ali

Appellant

Stagecoach

Respondent

Procedural Posture

Civil Appeal / Appeal From Trial Judgment on Costs

Legal Issues

  1. 1 Whether an interim payment letter is equivalent to an offer for costs purposes
  2. 2 Proper exercise of discretion in awarding costs where the claimant recovers less than an interim payment

Ratio Decidendi

A letter making an interim payment, reserving rights to recover any overpayment, is not equivalent to an offer capable of acceptance for the purposes of costs. The judge erred in treating it as such and giving it excessive weight in the costs decision.

Court Disposition

Appeal allowed

Orders

  • No order as to the costs of the trial