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Court of Appeal makes award of costs in personal injuries appeal (where damages were reduced) to the defendant and directs that such costs be set off as against the award of costs made in the plaintiffs’ favour in the High Court, on the grounds that the plaintiffs are not entitled to rely upon the trial judge’s assessment of the value of the case as to whether or not they should accept an offer made in Calderbank letters (which were remarkably close to the awards made on appeal).
Costs – personal injuries – Ord. 99 r. 1(4) of the Rules of the Superior Courts – whether the defendant’s costs of both appeals should be set off against the orders for costs made in favour of the plaintiffs in the High Court – calderbank letters – court will award the costs of the appeals to the defendant and direct that such costs be set off as against the award of costs made in the plaintiffs’ favour in the High Court.
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