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

Forgotten your password?

E Ivor Hughes Education Foundation v Leach, Chancery Division, 14 June 2005

21 June 2005
The issues

Split Orders for Costs – Costs – Part 36 Payment – Exaggeration of Claim

The facts

The Claimant brought proceedings against the Defendant alleging breach of duty and dishonesty. Damages of over £600,000.00 were claimed. A Payment In of £5,000.00 was made and accepted. The Payment In had been made in respect of one part of the claim only. On acceptance of the Payment In the Claimant abandoned the rest of the claim.

The decision

It was clear that the Claimant had seriously exaggerated its claim and made a number of serious allegations that had been abandoned. It was clear that the Defendant was entitled to be regarded as a successful party in respect of the abandoned elements of the claim. Consequently whilst the Defendant would be ordered to pay the costs of the claim in respect of which the Payment In had been made, the remainder of the costs would be paid by the Claimant.

Focus on...

Legal updates

Gosden and another v Halliwell Landau and another [2021] EWHC 159 (Comm)

This claim addressed the question, of when the date for assessment of damages in cases of negligence should be determined and shows that when appropriate the Courts will depart from the default position.


Legal updates

Assessing the scope of employers liability – Chell v Tarmac

These were the opening remarks of Mr Justice Martin Spencer when handing down his Judgment in the recent case of Andrew Chell v Tarmac Cement and Lime Limited [2020] EWHC 2613, the latest in a series of appeals dealing with the scope of vicarious liability.


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.


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