The Claimant had crossed the road when the pedestrian crossing light was red, and been hit by the Defendant's bus. The bus driver had not applied the brake quickly enough. Liability was apportioned equally between the parties.
In April 2007 the Defendant made an offer to settle in the sum of £75,000.00, which was refused . In November 2007 the Defendant made a Part 36 offer which was again refused by the Claimant and withdrawn in January 2008. By the time of this offer the Claimant had reached the end of his recovery period. His schedule of loss included a claim of £71,000.00 for adaptations to his home.
In June 2009 the Defendant made an offer of £40,000.00 which the Claimant refused. Just before quantum trial in April 2013 the Claimant accepted an offer of £17,500.00. The parties could not agree on costs.
At first instance the Defendant was ordered to pay the Claimant's costs to July 2009, and the Claimant ordered to pay the Defendant's costs on a standard basis from July 2009. It was noted the Claimant had dishonestly inflected his case, exaggerated his injuries, and should have accepted the November 2007 offer, prior to this time the Claimant's prognosis was unclear.
The Defendant appealed the decision.
It was found that at the time of the November 2007 offer there was no significant uncertainty concerning the Claimant's orthopaedic injuries. The judge in the first instance had overlooked the medical evidence. It had been unreasonable for the Claimant not to accept the November 2007 offer. As a result the Claimant was ordered to pay the Defendant's costs from 21 days from the November 2007 offer. It was noted that it would have been wrong for the Claimant to have received his costs for being dishonest.