Wilson v Clyne Farm Centre

Wilson v Clyne Farm Centre

The court found that although the claimant failed to prove causation on the impact attenuation issue, the usual rule that costs follow the event should be departed from only to a limited extent. The impact attenuation issue was discrete and involved additional costs, but the defendant's unreasonable conduct...

Source-derived case information.

Parties
Claimant: Wilson; Defendant: Clyne Farm Centre
Jurisdiction
England and Wales
Judgment Date
15 March 2013
Procedural Posture
Personal Injury / Judgment on Costs After Trial
Outcome
Claimant awarded 95% of his costs; 5% reduction for failure on causation regarding impact attenuation.
Legal Topics
Personal Injury, Negligence, Costs, Causation, Alternative Dispute Resolution
Tort Law Civil Procedure Personal Injury Negligence Costs Causation Alternative Dispute Resolution

Source-derived case record

Summary, issues, holding and outcome

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Parties

Wilson

Claimant

Clyne Farm Centre

Defendant

Procedural Posture

Personal Injury / Judgment on Costs After Trial

Legal Issues

  1. 1 Whether the claimant is entitled to full costs despite failing on the issue of causation regarding impact attenuation
  2. 2 Whether the defendant's conduct regarding ADR should affect the costs order

Ratio Decidendi

The court found that although the claimant failed to prove causation on the impact attenuation issue, the usual rule that costs follow the event should be departed from only to a limited extent. The impact attenuation issue was discrete and involved additional costs, but the defendant's unreasonable conduct regarding ADR also weighed against a larger reduction. A percentage reduction in costs, rather than an issue-based order, was appropriate. The claimant was awarded 95% of his costs.

Court Disposition

Claimant awarded 95% of his costs; 5% reduction for failure on causation regarding impact attenuation.

Orders

  • Claimant to receive 95% of his costs.