Widlake v BAA Ltd [2009] EWCA Civ 1256

Posted on Monday, November 23rd, 2009

This was a matter where the Claimant had exaggerated her claim for damages regarding a back injury and had attempted to conceal her previous history of back injury from the medical experts to increase the amount of damages she might recover. The Claimant was ultimately awarded damages for the part of her claim that was considered genuine but this amount was significantly less that the Claimant had originally claimed although it exceeded the Defendant’s Part 36 payment into Court. However, it was ordered that the Claimant was to pay the Defendant’s costs.

The Claimant appealed. The Court of Appeal found it necessary to determine who the successful party was, as a starting point. Normally, the Claimant would be entitled to her costs, however, due to her dishonesty, the Court of Appeal accepted that her conduct ought to be taken into account when the issue of costs was being determined. The appeal was allowed and it was considered that the correct order would be no order for costs.

http://www.bailii.org/ew/ cases/EWCA/Civ/2009/1256.html

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