Following a Road Traffic Accident, the Claimant claimed damages including personal injury and credit hire charges for the period his taxi vehicle was off the road. The Defendants argued that the incident was a low-velocity impact and as such, no injury would have been possible and the extent of the damage to the Claimants vehicle was disputed. We proceeded to take the matter to trial where the Circuit Judge awarded the Claimant fixed fast-track costs pursuant to CPR 45.29B where the Claimant’s personal injury claim failed, but his credit hires claim for £6,265.80 was successful (the Claimant having persuaded the Court that he was impecunious). The Defendant failed to persuade the judge to limit any costs in favour of the Claimant to small claims costs on the basis that the only reason the case had been allocated to the fast-track was the failed personal injury aspect of the claim. The Defendants argument at Court that the Claimant was fundamentally dishonest failed as did their submissions in relation to costs which the Circuit Judge asked for written submissions and reserved judgment until the Judge had considered matters in detail.
The Defendant also submitted that the Claimant should pay its costs of defending the personal injury element of the claim with those costs being set-off against the Claimant’s damages and costs which was rejected. The Judge did not find that the Claimant had exaggerated his claim.
The Claimant was represented by Ashmans Solicitors and reported by Kerry Underwood.