Gregson v Hussein CIS Insurance [2010] EWCA Civ 165 (09 February 2010)

Gregson v Hussein CIS Insurance [2010] EWCA Civ 165 (09 February 2010)

The claimant was the successful party on all issues and should recover his costs, subject to a reduction for exaggeration of the claim; the judge erred in treating the defendant as more or less successful on damages and in ordering the claimant to pay any of the defendant's costs.

Citation
[2010] EWCA Civ 165
Parties
Appellant: Gary Gregson; Respondent: Hussein; Respondent: CIS Insurance
Jurisdiction
England and Wales
Judgment Date
09 February 2010
Procedural Posture
Appeal (civil) / Appeal Against Costs Order After Trial for Damages for Personal Injuries
Outcome
Appeal allowed
Legal Topics
Costs Orders, Exaggeration of Claims, Mitigation of Loss, Part 36 Offers, Multi Track Allocation
Civil Procedure Personal Injury Costs Orders Exaggeration of Claims Mitigation of Loss Part 36 Offers Multi Track Allocation

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Parties

Gary Gregson

Appellant

Hussein

Respondent

CIS Insurance

Respondent

Procedural Posture

Appeal (civil) / Appeal Against Costs Order After Trial for Damages for Personal Injuries

Legal Issues

  1. 1 Whether the trial judge erred in making a costs order requiring the claimant to pay a portion of the defendant's costs despite the claimant's overall success
  2. 2 Whether exaggeration of a claim justifies a departure from the general rule on costs

Ratio Decidendi

The claimant was the successful party on all issues and should recover his costs, subject to a reduction for exaggeration of the claim; the judge erred in treating the defendant as more or less successful on damages and in ordering the claimant to pay any of the defendant's costs.

Court Disposition

Appeal allowed

Orders

  • Order below set aside
  • Second defendant to pay 75% of claimant's costs