Davies v Forrett & Ors

Davies v Forrett & Ors

Forrett’s and his insurer’s refusal to admit liability and their conduct necessitated the joinder of Partington and Southern Rock, and caused unnecessary costs. Davies was reasonable in joining them. Forrett is ordered to pay Davies’s costs of suing Partington and Southern Rock, and Southern Rock’s costs of defending the main claim and the Part 20 claim, as a non-party under s.51 SCA 1981. No indemnity costs are awarded. No order as to Partington’s costs or Davies’s costs in the Part 20 claim.

Parties
Claimant: Daniel Davies (a protected party who proceeds by his father and litigation friend Robert Davies); First Defendant: Thomas Forrett; Second Defendant / Part 20 Defendant / Claimant in Own Action: Ryan Partington; Third Defendant / Part 20 Claimant: Southern Rock Insurance Company Limited
Jurisdiction
England and Wales
Judgment Date
23 June 2015
Procedural Posture
Civil Road Traffic Accident / Insurance / Costs / Costs Judgment Following Liability Admissions and Summary Judgment
Outcome
Costs orders made: Forrett to pay Davies’s costs of suing Partington and Southern Rock; Forrett to pay Southern Rock’s costs of defending the main claim and the Part 20 claim as a non-party; no order as to Partington’s costs or Davies’s costs in the Part 20 claim; no indemnity costs awarded.
Legal Topics
Costs Orders, Non Party Costs Orders, Joinder of Parties, Summary Judgment, Contributory Negligence, Motor Insurance Liability
Civil Procedure Insurance Law Personal Injury Costs Orders Non Party Costs Orders Joinder of Parties Summary Judgment Contributory Negligence +1 more

Case Brief

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Parties

Daniel Davies (a protected party who proceeds by his father and litigation friend Robert Davies)

Claimant

Thomas Forrett

First Defendant

Ryan Partington

Second Defendant / Part 20 Defendant / Claimant in Own Action

Southern Rock Insurance Company Limited

Third Defendant / Part 20 Claimant

Procedural Posture

Civil Road Traffic Accident / Insurance / Costs / Costs Judgment Following Liability Admissions and Summary Judgment

Legal Issues

  1. 1 Who should bear the costs of the main claim and Part 20 proceedings?
  2. 2 Was it reasonable to join Partington and Southern Rock as defendants?
  3. 3 Should costs be ordered against Forrett as a non-party to the Part 20 claim?

Ratio Decidendi

Forrett’s and his insurer’s refusal to admit liability and their conduct necessitated the joinder of Partington and Southern Rock, and caused unnecessary costs. Davies was reasonable in joining them. Forrett is ordered to pay Davies’s costs of suing Partington and Southern Rock, and Southern Rock’s costs of defending the main claim and the Part 20 claim, as a non-party under s.51 SCA 1981. No indemnity costs are awarded. No order as to Partington’s costs or Davies’s costs in the Part 20 claim.

Court Disposition

Costs orders made: Forrett to pay Davies’s costs of suing Partington and Southern Rock; Forrett to pay Southern Rock’s costs of defending the main claim and the Part 20 claim as a non-party; no order as to Partington’s costs or Davies’s costs in the Part 20 claim; no indemnity costs awarded.

Orders

  • Forrett to pay Davies’s costs of suing Partington and Southern Rock.
  • Forrett to pay Southern Rock’s costs of defending the main claim.