Denying the successful Claimant fixed costs: a cautionary tale

Articles

27/02/2020

Hussain (I) & Begum (II) v Aviva Insurance Limited

The rule that costs follow the event is very rarely displaced, except in favour of claimants in fast track claims who are protected by the operation of QOCS. However, in some circumstances, where the Claimant (or the Claimant’s solicitors) have prepared a claim so badly that it affects the level of the damages awarded or the smooth running of the trial, a DJ can (by operation of the general discretion as to costs – see CPR 44) refuse to award fixed costs at all.

In a recent claim, 2 claimants brought claims for whiplash type injuries arising from the same incident. The first claimant required the services of an interpreter, but had not properly certified the translation of the Particulars of Claim. This issue was raised as a positive point in the Defence, but was not dealt with. I raised this as a preliminary point on the morning of trial, and, there being no good reason for the problem still remaining live, the claim was struck out without further ado.

The trial proceeded with only one claimant. Although there were inconsistencies and problems with the evidence as between the various documents in support of the claim, this was mainly down to the ineptitude of the Claimant’s solicitors in obtaining proper medical evidence and preparing the bundle. The claimant himself was not dishonest, and liability had been admitted. The DJ awarded a modest sum for general damages, just above the threshold for the Fast Track.

However, on costs, the situation was quite different. In respect of the costs relating to C1, whose claim had been struck out, the DJ accepted my submission that the solicitors should have to show cause as to why they should not be personally liable for D’s costs (a “wasted costs order”). On C2’s claim, bearing in mind that he had been successful, the DJ made an order for “no order as to costs” save for the court fees. C’s solicitors therefore recovered NO costs at all in respect of either claim, and may well have to pay a wasted costs order to D. Mere success at trial is therefore no guarantee that an inadequate solicitor will recover their costs.

Francesca was instructed by DAC Beachcroft.

Latest News & Events

Post-placement order contact: necessary or desirable? Re S (Placement Order Contact) [2025] EWCA Civ 823

Bethany Hutchison considers a judgment handed down on 1 July 2025, by the Court of Appeal in Re S (Placement Order Contact) [2015] EWCA Civ 823 (“Re S”), giving detailed consideration to the issue of inter-sibling contact post-placement order. The guidance is much welcomed by…

The Dekagram: 8th July 2025

In the week the Hague Convention came into force, whilst the domestic courts heard an important appeal on Covid refund claims, Anirudh Mandagere and Tom Collins bring us all the latest news both internationally and nationally. And as always, members of Deka Chambers are at…

Tom Little KC and James Thacker KC provide training to the CPS Homicide Unit

On 1 July, chambers was delighted to welcome leaders and members of the CPS Homicide Unit for a training and social evening. First Senior Treasury Counsel and Joint Head of Chambers Tom Little KC, was able to draw upon his experience of prosecuting some of…

© Deka Chambers 2025

Search

Portfolio Builder

Select the expertise that you would like to download or add to the portfolio

Download    Add to portfolio   
Portfolio
Title Type CV Email

Remove All

Download


Click here to share this shortlist.
(It will expire after 30 days.)