Gary James v Woods Furniture and Design Ltd (In Voluntary Liquidation) - Ruling on Costs
Costs of personal injury action in which liability admitted and damages assessed exceeded amount defendant paid into Court; failure to prepare witness statement on quantum as directed by two Court orders; whether costs otherwise recoverable by plaintiff in relation to quantum phase of trial should be reduced by reason of plaintiff's unreasonable conduct; belated admission of liability by defendant seven years after court encouraged settlement of action; pursuit of hopeless contributory negligence defence; whether Defendant should pay indemnity costs because of its unreasonable conduct; overriding objective; Grand Court Rules, Preamble, paragraphs 1, 4(d); Grand Court Rules, Order 62 rules 4(2), 4(11); costs following personal injury trial; indemnity vs standard basis; unreasonable conduct; failure to comply with court orders; contributory negligence defence; application to dismiss for want of prosecution; proportionality and overriding objective
All PDF copies on file (2)
Every PDF we hold for this judgment is listed here, including legacy versions pulled from earlier upstream pipelines. Each carries a provenance note so the source of each copy is explicit.
| Cause Number | G 0511/2009 |
|---|---|
| Court | CIGC (Civ) |
| Judge | Kawaley J |
| Parties | Gary James v Woods Furniture and Design Ltd (In Voluntary Liquidation) - Ruling on Costs |
| Judgment Date | 2019-10-15 |
| Subject | Costs of personal injury action in which liability admitted and damages assessed exceeded amount defendant paid into Court; failure to prepare witness statement on quantum as directed by two Court orders; whether costs otherwise recoverable by plaintiff in relation to quantum phase of trial should be reduced by reason of plaintiff's unreasonable conduct; belated admission of liability by defendant seven years after court encouraged settlement of action; pursuit of hopeless contributory negligence defence; whether Defendant should pay indemnity costs because of its unreasonable conduct; overriding objective; Grand Court Rules, Preamble, paragraphs 1, 4(d); Grand Court Rules, Order 62 rules 4(2), 4(11); costs following personal injury trial; indemnity vs standard basis; unreasonable conduct; failure to comply with court orders; contributory negligence defence; application to dismiss for want of prosecution; proportionality and overriding objective |
| Filename (current) | 19-10-15_gary_james_v-_woods_furniture_design_ltd.pdf |
| File MD5 | 7b1c51d5ffe590027f40ab3df03cb571 |
| Source pipeline | pdb |
| PDB record ID | 2134 |
| PDB URL | https://judicial.ky/n0c-storage/judgments-repository/19-10-15_gary_james_v-_woods_furniture_design_ltd.pdf |