Fox v Foundation Piling Ltd

Fox v Foundation Piling Ltd

The claimant was the successful party, having recovered more than the defendant's highest offer. There was no conduct or exaggeration sufficient to justify depriving the claimant of his costs. The defendant's withdrawn Part 36 offer could be considered but did not alter the outcome. The normal rule applies: the defendant must pay the claimant's costs.

Parties
Appellant/claimant: Mr Trevor Michael Fox; Respondent/defendant: Foundation Piling Limited
Jurisdiction
England and Wales
Judgment Date
07 July 2011
Procedural Posture
Personal Injury / Appeal From Costs Order After Settlement
Outcome
appeal allowed
Legal Topics
Costs, Part 36 Offers, Conduct of Parties, Exaggeration of Claim, Contributory Negligence
Civil Procedure Personal Injury Costs Part 36 Offers Conduct of Parties Exaggeration of Claim Contributory Negligence

Case Brief

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Parties

Mr Trevor Michael Fox

Appellant/claimant

Foundation Piling Limited

Respondent/defendant

Procedural Posture

Personal Injury / Appeal From Costs Order After Settlement

Legal Issues

  1. 1 Who is the successful party for the purposes of costs?
  2. 2 Should the claimant be deprived of all or part of his costs due to conduct or exaggeration of the claim?
  3. 3 What is the effect of a withdrawn Part 36 offer on costs discretion?

Ratio Decidendi

The claimant was the successful party, having recovered more than the defendant's highest offer. There was no conduct or exaggeration sufficient to justify depriving the claimant of his costs. The defendant's withdrawn Part 36 offer could be considered but did not alter the outcome. The normal rule applies: the defendant must pay the claimant's costs.

Court Disposition

appeal allowed

Orders

  • Defendant to pay the claimant's costs of the action assessed on the standard basis, subject to any specific costs orders made during the litigation.