Goodwin v Bennetts UK Ltd

Goodwin v Bennetts UK Ltd

The claimant was not taken by surprise by the basis of the decision, as the pleadings and evidence sufficiently notified the defendant of the fallback position. The defendant could have protected itself by making an offer. Therefore, the normal order for costs applies: the defendant must pay the claimant's costs both below and on appeal.

Parties
Appellant/claimant: Goodwin; Defendant/respondent: Bennetts UK Ltd
Jurisdiction
England and Wales
Judgment Date
11 December 2008
Procedural Posture
Civil Appeal / Appeal Judgment on Costs
Outcome
Appeal allowed in part; judgment for claimant; costs awarded to claimant.
Legal Topics
Costs, Pleadings, Negligence, Breach of Statutory Duty
Personal Injury Employment Law Costs Pleadings Negligence Breach of Statutory Duty

Case Brief

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Parties

Goodwin

Appellant/claimant

Bennetts UK Ltd

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal Judgment on Costs

Legal Issues

  1. 1 Who should bear the costs of the action and appeal?
  2. 2 Was the basis of the claimant's success properly pleaded or did it take the defendant by surprise?
  3. 3 Should there be an issue-based order for costs?

Ratio Decidendi

The claimant was not taken by surprise by the basis of the decision, as the pleadings and evidence sufficiently notified the defendant of the fallback position. The defendant could have protected itself by making an offer. Therefore, the normal order for costs applies: the defendant must pay the claimant's costs both below and on appeal.

Court Disposition

Appeal allowed in part; judgment for claimant; costs awarded to claimant.

Orders

  • Appeal allowed in part.
  • Paragraphs 1 and 2 of the order made by the judge on 4 January 2008 set aside.