Goodwin v Bennetts UK Ltd [2008] EWCA Civ 1658 (11 December 2008)

Goodwin v Bennetts UK Ltd [2008] EWCA Civ 1658 (11 December 2008)

The claimant was not taken by surprise by the basis of the claimant's success, as the fallback position was sufficiently notified in pleadings and submissions. The defendant could have protected itself by making a settlement offer. The normal order for costs should apply, with the defendant paying the claimant's costs below and on appeal.

Citation
[2008] EWCA Civ 1658
Parties
Appellant/claimant: Goodwin; Defendant/respondent: Bennetts UK Ltd
Jurisdiction
England and Wales
Judgment Date
11 December 2008
Procedural Posture
Personal Injury Appeal / Appeal From County Court to Court of Appeal
Outcome
Appeal allowed in part
Legal Topics
Costs, Pleadings, Negligence, Breach of Statutory Duty, Damages
Personal Injury Employment Law Civil Procedure Costs Pleadings Negligence Breach of Statutory Duty Damages

Case Brief

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Parties

Goodwin

Appellant/claimant

Bennetts UK Ltd

Defendant/respondent

Procedural Posture

Personal Injury Appeal / Appeal From County Court to Court of Appeal

Legal Issues

  1. 1 Whether the claimant was entitled to costs below and on appeal
  2. 2 Whether the basis of the claimant's success was properly pleaded
  3. 3 Whether the defendant was taken by surprise by the claimant's fallback position

Ratio Decidendi

The claimant was not taken by surprise by the basis of the claimant's success, as the fallback position was sufficiently notified in pleadings and submissions. The defendant could have protected itself by making a settlement offer. The normal order for costs should apply, with the defendant paying the claimant's costs below and on appeal.

Court Disposition

Appeal allowed in part

Orders

  • Paragraphs 1 and 2 of the order made by the judge on 4 January 2008 set aside
  • Judgment for the claimant in the sum of £2,915.90 inclusive of interest