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Litigation Letter

Trial judge or costs judge? (1)

Drew v Whitbread Plc [2010] EWCA Civ 53; LSG 25 February p23; NLJ 19 February p270

The claimant fell off a ladder at work, and brought a claim for damages. He sought, inter alia, damages of over £18,000 for future care and assistance. The case was therefore allocated to the multi-track. This claim was not supported by the medical evidence, and at trial the claimant was found to have recovered from most of his injuries within three months, and to have few continuing symptoms. The claim for future care and support was wholly disallowed. In the result, the claimant recovered damages well within the limits of the fast track. The judge awarded him his costs to be assessed on the standard basis.

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