ABC & Ors v Derbyshire County Council & Ors (No. 2: Costs)

ABC & Ors v Derbyshire County Council & Ors (No. 2: Costs)

The proceedings, although technically mixed claims, were in substance a personal injury case; no exceptional features of non-personal injury claims justified significant enforcement of costs. Only the issues relating to Mr Barratt's evidence constituted an exceptional feature, warranting enforcement of costs to the...

Source-derived case information.

Parties
Claimant: ABC; Claimant: DEF; Claimant: GHI; Claimant: JKL; Defendant: DERBYSHIRE COUNTY COUNCIL; Defendant: THE CHIEF CONSTABLE OF THE DERBYSHIRE CONSTABULARY
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Civil / Costs Ruling After Dismissal of Claims
Outcome
Claimants to pay Defendants' costs, enforceable only to 5% under CPR r 44.16(2)(b); interim payment ordered.
Legal Topics
Qualified One Way Costs Shifting (qocs), Costs Enforcement, Mixed Claims, Personal Injury Damages, Aggravated Damages
Civil Procedure Personal Injury Human Rights Qualified One Way Costs Shifting (qocs) Costs Enforcement Mixed Claims Personal Injury Damages Aggravated Damages

Source-derived case record

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 5 Authorities cited 16 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

ABC

Claimant

DEF

Claimant

GHI

Claimant

JKL

Claimant

DERBYSHIRE COUNTY COUNCIL

Defendant

THE CHIEF CONSTABLE OF THE DERBYSHIRE CONSTABULARY

Defendant

Procedural Posture

Civil / Costs Ruling After Dismissal of Claims

Legal Issues

  1. 1 Whether the proceedings constitute a 'mixed claim' under CPR r 44.16(2)(b)
  2. 2 Extent to which costs orders can be enforced against claimants under QOCS regime
  3. 3 Whether exceptional features justify enforcement above cost-neutral result

Ratio Decidendi

The proceedings, although technically mixed claims, were in substance a personal injury case; no exceptional features of non-personal injury claims justified significant enforcement of costs. Only the issues relating to Mr Barratt's evidence constituted an exceptional feature, warranting enforcement of costs to the limited extent of 5%.

Court Disposition

Claimants to pay Defendants' costs, enforceable only to 5% under CPR r 44.16(2)(b); interim payment ordered.

Orders

  • Claimants shall pay Defendants’ costs, to be assessed if not agreed, enforceable only to 5% under CPR r 44.16(2)(b).
  • Claimants shall make an interim payment of £5,875 to each Defendant within 14 days.