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 that of his insurers, in denying liability and creating uncertainty, made it reasonable for Davies to join Partington and Southern Rock. Forrett is therefore liable for Davies's costs of suing Partington and Southern Rock, and for Southern Rock's costs of defending the main claim and the Part 20 claim, including as a non-party. No order is made for Partington's costs. Indemnity costs are refused.

Citation
[2015] EWHC 1761
Parties
Claimant: Daniel Davies; Litigation Friend for Claimant: 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
Civil Personal Injury (costs Judgment) / Post Liability, Costs Determination
Outcome
Costs orders made as specified; Forrett to pay specified costs; no indemnity costs; no order as to Partington's costs.
Legal Topics
Costs Orders, Non Party Costs, Indemnity, Article 75 Insurer Liability, Contributory Negligence, Joinder of Parties
Civil Procedure Insurance Law Personal Injury Costs Orders Non Party Costs Indemnity Article 75 Insurer Liability Contributory Negligence +1 more

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Parties

Daniel Davies

Claimant

Robert Davies

Litigation Friend for Claimant

Thomas Forrett

First Defendant

Ryan Partington

Second Defendant

Southern Rock Insurance Company Limited

Third Defendant

Procedural Posture

Civil Personal Injury (costs Judgment) / Post Liability, Costs Determination

Legal Issues

  1. 1 Who should bear the costs of the main claim and Part 20 proceedings?
  2. 2 Whether Forrett's conduct justified costs orders against him, including as a non-party to the Part 20 claim
  3. 3 Whether Southern Rock and Partington should recover their costs from Forrett

Ratio Decidendi

Forrett's conduct and that of his insurers, in denying liability and creating uncertainty, made it reasonable for Davies to join Partington and Southern Rock. Forrett is therefore liable for Davies's costs of suing Partington and Southern Rock, and for Southern Rock's costs of defending the main claim and the Part 20 claim, including as a non-party. No order is made for Partington's costs. Indemnity costs are refused.

Court Disposition

Costs orders made as specified; Forrett to pay specified costs; no indemnity costs; no order as to Partington's costs.

Orders

  • Forrett to pay Davies's costs of suing Partington and Southern Rock.
  • No order as to Partington's costs of the claim.