Percentage reduction for conduct

Shore v Sedgwick Financial Services Ltd and another [2007] EWHC 3054 (QB) 20 December

The claimant had brought a claim in professional negligence arising out of pension mis-selling. The judge found the defendants to have been negligent and in breach of their statutory duty but dismissed the claim on the issue of limitation. The claimant submitted that the court should depart from the general rule in the CPR rule 44.3(2) that costs follow the event, and make an issue-based costs order because: (1) the defendants had taken an unreasonable approach to settlement and their conduct should be taken into consideration; and (2) the claimant had succeeded on the majority of the issues dealt with and the defendants had challenged the entirety the claim which had resulted in the costs escalating.