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Costs awarded on ‘solicitor and client basis’ in personal injury proceedings to reflect court’s disapproves of conduct of the defence
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High Court awards costs to the plaintiff in personal injury proceedings on a 'practitioner and client' basis in view of its severe disapproval of the manner in which the defendant had conducted the defence of the proceedings, the court noting that a party should not make a claim of fraud or dishonesty against the other party without ensuring that there exists clear evidence supporting a prima facie case in relation to such claim.
Personal injury proceedings arising from road traffic accident – costs of the proceedings – plaintiff had been awarded damages but not aggravated damages – plaintiff seeks costs on practitioner and client basis to mark Court’s disapproval of the manner the defendant conducted proceedings – defendant averred that the plaintiff deliberately caused the incident – did not hold this position under cross examination and conceded liability when the matter was appealed to the High Court – no attempt had been made to amend the pleadings nor any explanation offered for the presence of the claim – defendant did not defend position in submissions but instead made fresh allegations regarding the special damages claimed – costs awarded on practitioner and client basis as mark of disapproval of the manner the defence was conducted.
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