Q&As

A personal injury claim has been issued against my client as a second defendant. My client has denied liability from the start on the basis that they do not own the land in question but the first defendant has refused to accept liability. Is the second defendant able to recover legal costs from the first defendant for not accepting liability?

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Produced in partnership with Jamie Gamble of No5 Barristers Chambers
Published on: 21 September 2018
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If a defendant successfully defends a claim, the starting point is that the claimant will be liable to pay their costs of the claim. However, CPR 44.2(1)(a) provides the court with the discretion ‘as to whether costs are payable by one party to another’. In a multi-defendant case this provides the court with the discretion to make an unsuccessful defendant, rather than the claimant, liable for the successful defendant’s costs.

The court may

Jamie Gamble
Jamie Gamble chambers

No5 Barristers Chambers

Jamie practices exclusively in the areas of personal injury and clinical negligence. He is ranked as a tier one leading junior for personal injury and clinical negligence (Midlands) in the 2016 edition of the Legal 500, which states that he is “a great all-round barrister”. He is also one of only 31 junior barristers in the country to be approved by the Spinal Injuries Association for catastrophic injury work.

Much of his work is now of substantial value (acting with or without a leader) and includes claims of the utmost severity and death.

Jamie has significant experience of all areas of personal injury work, including accidents at work, public liability claims, road traffic accidents (including claims against the Motor Insurers’ Bureau), industrial disease, CICA claims, and claims involving allegations of fraud.

Recent and ongoing cases that Jamie has been involved in have included: (i) cases of severe brain injury, including an ongoing case with a potential value in excess of £3 million and Re M (2014), a CICA claim where an award of £365,000 was obtained; (ii) Re G (2016), negligent abdominal surgery, settled for in excess of £500,000; (iii) Re B (2016), death caused by infection and necrotising fasciitis, settled for £425,000; (iv) Re A (2014), fatal road traffic case settled for £265,000; and (v) B v P (2013), above knee amputation following a motorcycle accident, settled for £1.6 million.

Jamie also regularly lectures to solicitor and insurer clients on legal developments and civil procedure.

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