Walker v Hamm (No 2)

The case of Walker v Hamm (No 2) involved claims brought by the Estate of a person who was assaulted and by the person himself, who was not present at the time of the assault. The claims were against police officers for aggravated damages, aggravated and exemplary damages. The dispute centred on the calculation of penalty rates for interest on damages and the assessment of costs, including offers of compromise and the discontinuance of claims. The court had to determine the relevant considerations under Order 26.08(2)(a) of the Rules of the Supreme Court, particularly in relation to the discontinuance of a conspiracy claim and the failure to establish a lost opportunity claim.

The legal issues that the court needed to resolve included the correct rate of interest on damages, whether the penalty rates applied to the calculation of interest, and the appropriate costs to be awarded under the Uniform Civil Procedure Rules. The court also needed to consider the impact of discontinuing a claim for conspiracy and the failure to establish a claim for lost opportunity on the costs orders. Additionally, the court had to examine the relevance of Calderbank letters and offers of compromise in the context of the costs orders.

In resolving these issues, the court found that the penalty rates applicable to the calculation of interest on damages should be considered. The court determined that the discontinuance of the conspiracy claim and the failure to establish the lost opportunity claim were relevant factors in assessing the costs. The court also found that the Calderbank letters and offers of compromise were relevant considerations under Order 26.08(2)(a). The court concluded that the appropriate costs to be awarded were those that reflected the discontinuance of the conspiracy claim and the failure to establish the lost opportunity claim.

The final orders of the court included a determination that the penalty rates applied to the calculation of interest on damages. The court also ordered that the costs be assessed based on the discontinuance of the conspiracy claim and the failure to establish the lost opportunity claim, taking into account the Calderbank letters and offers of compromise. The court emphasised the importance of considering all relevant factors when making costs orders in complex litigation involving multiple claims and parties.