PI Brief Update

Summary of Recent Cases, June 2020

15/06/20. Here is a summary of the recent notable court cases over the past month. You can also receive these for free by registering for our PI Brief Update newsletter. Just select "Free Newsletter" from the menu at the top of this page and fill in your email address.

Summary of Recent Cases - Substantive Law

Morrow v Shrewsbury Rugby Union Football Club Ltd [2020] EWHC 999 (QB)

This case considered the court's discretion to reduce the costs recovered by a successful claimant, where the claim pursued was significantly exaggerated.

The Claimant recovered damages for injuries sustained when he was struck by a rugby post while watching a game of rugby on the Defendant's field. The Claimant applied for all his costs of the action. The Defendant argued that the Claimant's costs should be reduced by one third because the Claimant had pursued his claim in an exaggerated and unrealistic manner.

The claim had been pleaded in excess of 1 million, including nearly £950,000 for future loss of earnings. The Claimant's case was that the accident had rendered him incapable of continuing his role as an independent financial adviser. But for the accident, he would have been promoted within his organisation and his salary would have followed an upward trajectory until retirement at age 65 years. The Defendant's position was that the accident had not impacted upon the Claimant's fitness for work. His pre-existing health issues would have limited his career as a financial adviser in any event. The court found that the Claimant would have retired at age 55 years, and that the contended upward trajectory had not been proven. The Claimant's total damages amounted to just over £285,000, including general damages. The Claimant made a Part 36 offer of £800,000 shortly before trial. The Defendant had made an earlier Part 36 offer of £110,000...

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