Gregson v Hussein CIS Insurance

Gregson v Hussein CIS Insurance

The claimant was the successful party on all issues and should recover costs, subject to reduction for exaggeration of special damages; the judge erred in awarding costs to the defendant based on issue success; proper exercise of discretion is to award claimant 75% of costs.

Parties
Appellant: Gary Gregson; Respondent: Hussein; Respondent: CIS Insurance
Jurisdiction
England and Wales
Judgment Date
09 February 2010
Procedural Posture
Civil Appeal / Appeal From Trial Judgment on Costs
Outcome
Appeal allowed
Legal Topics
Costs, Damages, Mitigation of Loss, Exaggeration of Claims
Civil Procedure Personal Injury Costs Damages Mitigation of Loss Exaggeration of Claims

Case Brief

Summary, issues, holding and outcome

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Parties

Gary Gregson

Appellant

Hussein

Respondent

CIS Insurance

Respondent

Procedural Posture

Civil Appeal / Appeal From Trial Judgment on Costs

Legal Issues

  1. 1 Proper order for costs following partial success in personal injury claim
  2. 2 Effect of exaggerated claims on costs
  3. 3 Appropriate exercise of judicial discretion under CPR 44

Ratio Decidendi

The claimant was the successful party on all issues and should recover costs, subject to reduction for exaggeration of special damages; the judge erred in awarding costs to the defendant based on issue success; proper exercise of discretion is to award claimant 75% of costs.

Court Disposition

Appeal allowed

Orders

  • Second defendant to pay 75% of claimant's costs
  • Order below altered accordingly