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22 May 2024
Issue: 8072 / Categories: Legal News , Procedure & practice , In Court
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‘Unnecessary allegations’ in ‘straightforward’ road traffic accident case

There is no default entitlement to indemnity costs for the claimant where a defendant has unsuccessfully suggested the claim is fundamentally dishonest, the Court of Appeal has held

In Thakkar and others v Mican 2 Axa Insurance UK Plc [2024] EWCA Civ 552, a ‘relatively straightforward road traffic accident case’, Lord Justice Coulson held the trial judge was correct to refuse indemnity costs. Coulson LJ said ‘there was no principle of law that she had failed to follow or apply’.

Agreeing with Coulson LJ’s judgment, the Lady Chief Justice, Lady Carr, said: ‘This litigation has been characterised by parties on both sides far too ready to throw unnecessary and serious allegations against each other… As the courts have made clear repeatedly, an unnecessarily aggressive approach to litigation is unacceptable…

‘Potential costs incentives are not a good reason for making unwarranted allegations of misconduct, let alone dishonesty. The unfortunate effect of the parties’ conduct was to increase not only aggravation to an independent witness but also costs on both sides.’

Issue: 8072 / Categories: Legal News , Procedure & practice , In Court
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MOVERS & SHAKERS

Slater Heelis—Probate & Court of Protection team

Slater Heelis—Probate & Court of Protection team

Slater Heelis brings Probate and Court of Protection expertise together with new dedicated team

Clarke Willmott—Antonia Power

Clarke Willmott—Antonia Power

Antonia Power joins Clarke Willmott in Taunton

Haynes Boone—Chris Acton

Haynes Boone—Chris Acton

Chris Acton joins Haynes Boone as chair of UK derivatives platform

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Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
Climate change belongs on every lawyer’s agenda, with risks extending far beyond environmental practice into commercial advice, litigation and access to justice
Workplace bullying and harassment can no longer be left solely to HR, as financial regulation scrutinises culture, character and fitness
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