MATHIEU V HINDS & ANOR (NO. 2: COSTS)

Partial Success, Conduct, Offers And Alleged Exaggeration

“…even if the more flexible approach contended for by the Claimant is applied, I do not consider it realistic to argue that the Claimant did better at trial than the offer. By going to trial he recovered £371,258.36 less in damages than the offer. Although by going to trial he also secured the peace of mind of the provisional damages for epilepsy, I accept the Second Defendant’s arguments that the additional £371,258.36 in the offer accommodated that claim. It follows that the Claimant did not beat the offer of £3,550,000 or the Second Defendant’s last offer £4,000,000.”

Morrow v Shrewsbury Rugby Union Football Club Ltd

Exaggeration and CPR 44.2(5)(d) | I’ve Told You A Million Times

Having made findings at trial that the claimant had exaggerated his personal injury claim, specifically in respect of loss of earnings, Mr Justice Farby had to determine if, and to what extent, this should be reflected in the award of costs.

RASHID V OIL COMPANIES INTERNATIONAL MARINE FORUM [2019] EWHC 2600 (QB)

Judge declines to find exaggeration upon costs determination

In a short judgment following trial at which the claimant was awarded damages of £126,841 against a claim for £1.5 million Mr Justice Martin Spencer rejected calls from the defendant to disallow a proportion of the claimant’s costs on the basis that the claim was exaggerated, unsupported by the evidence and unsustainable.