Steven Ball secures costs for the Defendant in the sum of £17,642 following a trial.

Steven Ball secures costs for the Defendant in the sum of £17,642 following a trial.

In Silva v James, Steven was instructed by Steven Shelley of Weightmans in a non PI claim which went to trial in Croydon. The Claimant was a motorcycle courier who claimed damage to her motorcycle, credit hire and storage in excess of £15,000. The Defendant’s insurer had admitted liability  but disputed causation and quantum. The Claimant failed to prove that she had her motorcycle repaired. The court awarded the Claimant a modest sum of 378 for her damaged mudguard but refused to award the balance of the pre accident value of some £1,500 that she claimed.  The judge went on to dismiss her other claims. The court was not satisfied by the Claimant’s description as to the mechanism of the collision. The Defendant  gave evidence of a minor impact following a short and slow reverse. Significantly the court rejected her need to hire when it was exposed that her bank statement revealed that she was paying for two cars in her household. The Claimant tried to suggest that one of the vehicles was exclusively by her sister despite her sister not being insured. The District Judge found the Claimant to be dishonest and she had misled the court about her financial circumstances.  Having given a trenchant judgement, at a further hearing to determine costs the judge exercised her discretion under CPR44.2 to make a costs order in favour of the Defendant for the costs of robustly defending the claim given the Claimant’s conduct.



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