This Week's Caselaw
Fox v Foundation Piling
Court of Appeal ruling on Part 36 offers and the effect of
exaggeration of injuries on costs
http://www.bailii.org/ew/cases/EWCA/Civ/2011/790.html
The claimant beat the defendant's Part 36 offer. One of the
arguments which the Court of Appeal was required to consider was
the effect of the claimant's exaggeration of his personal
injury. Jackson LJ reviewed the prior caselaw on this topic. He
noted that in a personal injury action, the fact the claimant has
won on some issues and lost on others is not normally a reason for
depriving the claimant of his costs.
Further, the fact that the claimant has deliberately exaggerated
his claim may also in certain circumstances not be a good reason
for depriving him of part of his costs. Although in this case the
claimant's ultimate recovery fell far short of the original
pleaded claim (in part because of video evidence showing that he
was less disabled than claimed), the judge
