Joint settlement meetings

Jackson v Ministry of Defence CA LTL 12 January

The Ministry of Defence appealed against an order for costs made in favour of the claimant soldier following a trial for quantum in a personal injury action for injury suffered during a training exercise. The claimant had advanced substantial claims for damages exceeding £1m for future loss of earnings and for specially adapted accommodation based on his account of his residual disability. The medical evidence did not support the claim of residual disability and those claims were eventually abandoned, reducing the claim to £240,000. The MOD made a CPR Part 36 payment into court in the sum of £150,000. The parties were ordered to attend a pre-trial joint settlement meeting but no agreement was reached. Damages of £155,000 were awarded with costs reduced by 25% to reflect the fact that the award had only just beaten the payment into court and the fact the claimant had exaggerated his evidence. The MOD appealed, contending that: (1) the judge should have taken into account the proceeds of the joint settlement meeting as it had gone to it with the intention to negotiate and had made an offer to settle; (2) the damages should have been reduced by more than 25% because the claimant had exaggerated his claim and the reduction did not reflect the fact that the MOD had incurred expenses trying to meet the exaggerated claim.