Davies v Forrett & Ors [2015] EWHC 1761 (QB) (23 June 2015)

Davies v Forrett & Ors [2015] EWHC 1761 (QB) (23 June 2015)

Forrett's conduct and failure to admit liability caused unnecessary litigation and joinder of additional parties; it is just that Forrett pay the costs of Davies, Southern Rock, and the costs of the Part 20 claim, as a party and as a non-party under section 51 SCA 1981. No order for costs in favour of Partington; no indemnity basis for costs.

Citation
[2015] EWHC 1761 (QB)
Parties
Claimant: Daniel Davies; Litigation Friend: Robert Davies; First Defendant: Thomas Forrett; Second Defendant: Ryan Partington; Third Defendant: Southern Rock Insurance Company Limited
Jurisdiction
England and Wales
Judgment Date
23 June 2015
Procedural Posture
Costs Judgment in Consolidated Personal Injury and Insurance Proceedings / Post Summary Judgment, Costs Determination
Outcome
Costs orders made against Forrett; no order for Partington's costs; Southern Rock's costs of Part 20 claim to be paid by Forrett as non-party; no indemnity basis for costs.
Legal Topics
Costs, Joinder of Parties, Article 75 Insurer Liability, Contributory Negligence, Non Party Costs Orders
Civil Procedure Insurance Law Personal Injury Costs Joinder of Parties Article 75 Insurer Liability Contributory Negligence Non Party Costs Orders

Case Brief

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Parties

Daniel Davies

Claimant

Robert Davies

Litigation Friend

Thomas Forrett

First Defendant

Ryan Partington

Second Defendant

Southern Rock Insurance Company Limited

Third Defendant

Procedural Posture

Costs Judgment in Consolidated Personal Injury and Insurance Proceedings / Post Summary Judgment, Costs Determination

Legal Issues

  1. 1 Who should bear the costs of proceedings, including claims and Part 20 action, following Forrett's late admission of liability
  2. 2 Whether joinder of Partington and Southern Rock was reasonable
  3. 3 Whether Southern Rock's costs should be paid by Forrett as a non-party under section 51 SCA 1981

Ratio Decidendi

Forrett's conduct and failure to admit liability caused unnecessary litigation and joinder of additional parties; it is just that Forrett pay the costs of Davies, Southern Rock, and the costs of the Part 20 claim, as a party and as a non-party under section 51 SCA 1981. No order for costs in favour of Partington; no indemnity basis for costs.

Court Disposition

Costs orders made against Forrett; no order for Partington's costs; Southern Rock's costs of Part 20 claim to be paid by Forrett as non-party; no indemnity basis for costs.

Orders

  • Davies entitled to order against Forrett for payment of costs of suing Partington and Southern Rock.
  • No order in respect of Partington's costs of the claim.