Costs: Engrained Exaggeration Results In Costs Reduction

In a recent case, the High Court used its discretion to reduce the costs of an honest but misleading claimant. Finding exaggeration to be 'engrained' in the claim for loss of earnings, Mrs Justice Farley reduced the costs of the successful Claimant by 15% after the damages for loss of income had been reduced by 75%. The Court found 'it was not disproportionate of the Defendant to seek a reduction'.

Background

In 2016 the Claimant, an independent financial adviser, was injured by a fallen rugby post while watching a game played on the Defendant's rugby pitch. He alleged the injury rendered him unfit for his work and reduced his working capacity to only minimum wage jobs.

The Claimant made a claim for general damages and loss of earnings until the age of retirement, which together amounted to more than £1 million.