Brown v Haven Insurance Co. Ltd. (unreported), 7 January 2016, (Leeds County Court)
This concerned a case where the Claimant’s solicitors were ordered to pay the wasted costs associated with an incorrect claim for physiotherapy charges.
The Claimant was involved in a road traffic accident on 19th August 2014. He instructed solicitors to pursue a claim for personal injuries. The claim was issued on 13th October 2014 and included a claim for physiotherapy charges of £880. This was based on eight sessions of physiotherapy, although only five or six were recommended in the medical report. The Claimant had not undergone physiotherapy and so the claim was for prospective treatment. However, at trial, the Claimant advised that he was no longer suffering from symptoms and had no wish to pursue such a claim.
Judge Lingard dismissed the Claimant’s claim in its entirety and ordered the Claimant’s solicitors to show cause as to why they should not pay the wasted costs of the claim for physiotherapy charges. The case was listed for an oral hearing in November 2015 where the show cause issue was considered. Judge Lingard held that it was clear at the time the Claimant’s solicitor signed the schedule of damages and the statement of truth that she did not have specific instructions to do so, and in any event what was being signed was manifestly incorrect. He ordered the Claimant’s solicitors to pay the wasted costs of the claim for physiotherapy charges on the indemnity basis.