Court of Appeal: Begum v Birmingham City Council

This was an appeal by a claimant against a costs order, which effectively wiped out the damages that she had recovered in the litigation. The claimant had succeeded in her claim for breach of statutory duty, but failed in her claims for negligence and misrepresentation based upon substantially the same facts.

The issue in the appeal was whether the judge was entitled to make such a swingeing costs order by reason of the claimant's failure correctly to characterise the legal cause of action to which her pleaded facts gave rise.

For the appellant: Stephen Cottle of Garden Court Chambers, instructed by Eric Bowes & Co.

For the respondent council: Jonathan Manning and James Sandham of Arden Chambers, instructed by Birmingham City Council.

Click here for the judgment on Bailii