(FROM THE CENTRAL LONDON COUNTY COURT)
London, EC4A 1DQ |
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B e f o r e :
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MISS CAROLE STILLWELL |
Claimant |
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- and - |
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CLANCY DOCWRA PLC |
Defendant |
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Ms Butler-Cole (instructed by Keoghs) for the Defendant
Hearing date: 28 July 2009
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Crown Copyright ©
Master Campbell:
"The Defendant submits this claim should be subject to the small claims costs provisions. It would be disproportionate to do otherwise (within the meaning ascribed to that word in the case of Home Office v Lownds [2002] EWCA Civ 365)".
THE LAW
"(1) the small claims track is the normal track for –
(a) Any claim for personal injury where –
(i) the financial value of a claim is not more than £5,000; and
(ii) the financial value of any claim for damages for personal injuries is not more than £1,000…."
"(a) fixed costs attributable to issuing the claim ….
(c) Court fees
(f) £200 for experts under section 7.3 Cost Practice Direction."
MORE BACKGROUND
"Dear Sirs,
We accept that our insured is liable for the purposes of this claim.
Pursuant to Part 36 and on the basis of the evidence presented to date, we are prepared to offer £750 in relation to general damages…
Yours faithfully".
"We refer to your letter dated 20 November in which pursuant to Part 36 you made an offer of £750 in relation to general damages ….
We confirm that our client accept your offer of £750 in full and final settlement of her claim for general damages arising out of this accident and on the basis that the provisions of Part 36 apply in relation of costs, that is payment of our costs, to be assessed on the standard basis failing agreement.
Your cheque should be made payable to Mrs Carol Stillwell.
We will let you have details of our costs shortly.
Yours faithfully…."
THE SUBMISSIONS FOR THE DEFENDANT
THE SUBMISSIONS FOR THE CLAIMANT
DECISION
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