Wigg & Co - costs penalties for exaggerated claims
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"Painting -v- University of Oxford CA TLR 15th February 2005"
"Payment into a Court was made and despite beating a payment in, on Appeal,
the court considered conduct of the parties before and during the
proceedings. The Court of Appeal ordered that the Claimant should pay the
costs of the action from the date of a reduced payment into Court."
See also Widlake -v- BAA Ltd (2009) EWCA Civ.256 CA 23rd November; SJ 1st December p29. There is a considerable difference between a concocted claim and an exaggerated claim and there is no general rule of law that the dishonest exaggeration of a genuine claim would result in the dismissal of the whole claim. The Court has to have particular regard to the conduct of the Parties defined at R44.3(5)(b)(d) "lies are told in litigation every day" and do not lead to a penalty being imposed in respect of them but in the case of AXA Insurance PLC and Another -v- Selaman 2009 EWCA Civ.1331, 11th December 2009 when a reduction was made for lying.
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