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Tuson v Murphy [2018] EWCA Civ 1491 - James Manning, Bevan Brittan LLP

17/10/18. In Tuson v Murphy [2018] EWCA Civ 1491, the Court of Appeal overturned a costs order made against the Claimant, who had been ordered to pay a proportion of the Defendant's pre-Part 36 offer costs when she accepted the offer after the relevant period had expired.

It was held that applying the default costs rule under CPR 36.13(5) was highly unlikely to be unjust to the Defendant, who had made an unconditional Part 36 offer with the knowledge that the Claimant's credibility was questionable and her evidence as to her ability to work following the accident was misleading.

In his latest article, James Manning summarises the key findings and highlights the alternative tactics the Defendant could have adopted in this case.

Summary of Facts

On 19 August 2010 Ms Tuson ("T") fell from a horse during a riding lesson at Ms Murphy's riding school ("M"). T sustained a broken arm and subsequently developed Obsessive Compulsion Disorder ("OCD").

Liability was admitted on behalf of M with T agreeing a 15% reduction for contributory negligence. T alleged that she was unable to return to work as a consequence of the accident and the pleaded value of her claim exceeded £1.5 million...

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