Description
It was appropriate to award the claimants 80% of their costs in circumstances where, overall, they had been successful in their claims notwithstanding a failure to prove a causative link on aspects of their claims.
Eight lead claimants alleged that they had suffered from non-malignant respiratory diseases and/or malignant diseases including lung, bladder and skin cancer. Notwithstanding a failure to prove a causative link in relation to bladder and skin cancer, they had succeeded in proving causation of non-malignant respiratory disease and lung cancer. They had also succeeded on a limitation point.
Overall the Claimant's were successful and there was no basis for reducing their costs on the elements of the claim that had proven. Although unsuccessful on the issue of causation of bladder and skin cancer, they had acted reasonably within the meaning of CPR r.44.3(5)(b) in pursuing the issues. Taking a broad-brush approach, a reduction of 20% of their costs was appropriate.
