Williams v Devon County Council [2002] EWCA Civ 827 (23 May, 2002)

Williams v Devon County Council [2002] EWCA Civ 827 (23 May, 2002)

It is inappropriate to determine the costs appeal until the outcome of the appeal regarding the reduction of recoverable benefits is known, as this may affect whether the appellant beat the Part 36 offer. The issue was not argued before the trial judge and there is no new evidence before the Court of Appeal.

Citation
[2002] EWCA Civ 827
Parties
Claimant/appellant: Helen Williams; Defendant/respondent: Devon County Council
Jurisdiction
England and Wales
Procedural Posture
Civil Appeal (personal Injury) / Appeal From Torquay County Court; Hearing in Court of Appeal (civil Division)
Outcome
Appeal adjourned
Legal Topics
Costs Orders, Part 36 Offers, Social Security (recovery of Benefits) Act 1997, Damages Assessment, Contributory Negligence
Civil Procedure Personal Injury Costs Orders Part 36 Offers Social Security (recovery of Benefits) Act 1997 Damages Assessment Contributory Negligence

Case Brief

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Parties

Helen Williams

Claimant/appellant

Devon County Council

Defendant/respondent

Procedural Posture

Civil Appeal (personal Injury) / Appeal From Torquay County Court; Hearing in Court of Appeal (civil Division)

Legal Issues

  1. 1 Whether the trial judge erred in finding the appellant one-third to blame for the accident
  2. 2 Whether the award of £9,000 for general damages was appropriate
  3. 3 Whether the costs order was correct in light of the potential reduction in recoverable benefits under the Social Security (Recovery of Benefits) Act 1997

Ratio Decidendi

It is inappropriate to determine the costs appeal until the outcome of the appeal regarding the reduction of recoverable benefits is known, as this may affect whether the appellant beat the Part 36 offer. The issue was not argued before the trial judge and there is no new evidence before the Court of Appeal.

Court Disposition

Appeal adjourned

Orders

  • Appeal adjourned to the first open day after 1st October; appellants to notify court and respondents of the state of the appeal two weeks before 1st October; directions retained to Latham LJ to deal with on paper; costs reserved.