Parker v Mowlem Plc & Ors

Parker v Mowlem Plc & Ors

The claimant, having actively participated and driven the litigation to resolve the insurer's liability, was the unsuccessful party in the preliminary issue and should bear the insurer's costs. The judge exercised his discretion appropriately in not ordering the first defendant to pay any part of the costs.

Parties
Appellant/claimant: Parker; Respondent/first Defendant: Mowlem Plc and Others; Second Defendant: Philip Quantrill Structural Engineers Ltd; Third Defendant: AJM Steel Erecting Limited; Fifth Party/insurer: Mr Pratt (nominated underwriter for insurers)
Jurisdiction
England and Wales
Judgment Date
11 April 2008
Procedural Posture
Civil Appeal / Appeal From County Court Decision on Costs After Determination of Preliminary Issue
Outcome
Appeal dismissed
Legal Topics
Costs, Indemnity, Third Party Rights Against Insurers, Preliminary Issues
Civil Procedure Insurance Law Costs Indemnity Third Party Rights Against Insurers Preliminary Issues

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Parties

Parker

Appellant/claimant

Mowlem Plc and Others

Respondent/first Defendant

Philip Quantrill Structural Engineers Ltd

Second Defendant

AJM Steel Erecting Limited

Third Defendant

Mr Pratt (nominated underwriter for insurers)

Fifth Party/insurer

Procedural Posture

Civil Appeal / Appeal From County Court Decision on Costs After Determination of Preliminary Issue

Legal Issues

  1. 1 Who should bear the costs of the preliminary issue regarding insurer's liability to indemnify the second defendant under the policy

Ratio Decidendi

The claimant, having actively participated and driven the litigation to resolve the insurer's liability, was the unsuccessful party in the preliminary issue and should bear the insurer's costs. The judge exercised his discretion appropriately in not ordering the first defendant to pay any part of the costs.

Court Disposition

Appeal dismissed

Orders

  • The claimant shall pay the insurers' costs as ordered by the County Court.