0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

Molloy v Shell UK Limited, Court of Appeal

16 July 2001
The issues

Costs- Deliberate Exaggeration Of Injuries By The Claimant – Abuse of Civil Proceedings – Costs Consequences

The facts

The Claimant sued the Defendant for personal injuries. He worked as a scaffolder on an oil platform in the North Sea and fell on a ramp injuring his back. He claimed loss of earnings. He had attempted to mitigate by unsuccessfully re-training as a bus driver and a forklift truck driver.

Liability was admitted. A Payment Into Court of £20,000.00 was made. A schedule of loss claiming over £300,000.00 was served. Days before Trial Defendant discovered that Claimant had returned to the oil platform as a scaffolder and had worked there on a fairly regular basis for three years. The claim had been grossly and deliberately exaggerated. The award was less than the amount paid into Court
by the Defendant. The Judge ordered the Claimant to pay 75% of the Defendant’s costs.

The Defendant appealed.

The decision

The Judge was obliged under Civil Procedure Rules Part 44.35 to consider the Claimant’s conduct. The Court process had been abused. The Claimant had been grossly dishonest and given that the Payment Into Court had not been beaten the only way in which the Judge’s discretion should have been exercised was to award the Defendant all of its costs.

NB The Claimant was not represented and did not appear.

focus on...

Legal updates

Non-payment of insurance premiums during the Coronavirus pandemic

The forced closure of many businesses as a result of the Coronavirus pandemic has had a huge impact on the nation’s Gross Domestic Product (GDP). Recent reports from the Office for National Statistics state that the economy was 25% smaller in April than it was in February this year.


Legal updates

Reinstatement for property damage losses – when does it apply?

The Court of Appeal has recently considered the correct test for measuring the indemnity for property damage losses and has provided useful guidance on whether an insured needs to intend to reinstate the property to its pre-loss condition.


Legal updates

Coronavirus (COVID-19) insurance considerations

With instances of COVID-19 rapidly increasing throughout the UK, many businesses are considering the options available to limit staff and customer exposure to Coronavirus.


Legal updates

Insurance annual review 2019-2020

Welcome to our review of 2019 as we look ahead to what is on the horizon for the insurance sector in 2020.


The content on this page is provided for the purposes of general interest and information. It contains only brief summaries of aspects of the subject matter and does not provide comprehensive statements of the law. It does not constitute legal advice and does not provide a substitute for it.

mailing list sign up

Select which mailings you would like to receive from us.

Sign up