Jurisdiction(s):
United Kingdom

Personal injury: D2 costs recovery from D1 denying liability

Published by a LexisNexis PI & Clinical Negligence expert

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When a defendant defeats a claim, the default position is that the claimant must meet the defendant’s legal costs arising from the claim. Yet CPR 44.2(1)(a) gives the court freedom to decide if, and by whom, costs should be paid. In proceedings with multiple defendants, that discretion allows the court to order an unsuccessful co-defendant, instead of the claimant, to bear the successful defendant’s costs in such circumstances as appropriate...

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Jamie Gamble

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...

Web page updated on 27/05/2026

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