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

Woodings v British Telecommunications Plc, City of London County Court, 25 March 2003

25 March 2003
The issues

Costs – small claim – allocation – acoustics shock

The facts

A group of Claimants brought actions in respect of an alleged acoustic shock, which had been caused by the equipment provided to them by the Defendant. (Loud, shrill noise through the apparatus worn). All the claims were settled shortly after the Defence, for damages ranging between £500.00 and £750.00. They had not been allocated to any track at the time of settlement. The Claimants sought costs generally and the Defendant argued that these were claims that would have been allocated to the Small Claims Track and that recovery of costs should be limited accordingly.

The decision

1. On allocation, bearing in mind that liability had not been admitted, it is likely that the Court would have ordered a joint Trial on the issue of liability and allocation to the Multi Track on the grounds of the technical nature of the claim and the evidence required.

2. Expense could have been spared if the Defendants had dealt with the claims in a more rational manner.

3. The Defendants having acted unreasonably should pay costs on the standard basis pursuant to CPR 27.14 (2)(d) (the power in respect of matters allocated to the Small Claims Track for the Court to Order further costs beyond those permitted by the Track to be paid by a party who had behaved unreasonably). NB it was conceded by the Claimant that where a case settled before allocation, if it would ordinarily have been allocated to the Small Claims Track then the successful Claimant’s claim for costs should be limited accordingly)

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.

View

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.

View

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.

View

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.

View

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