Conlon v Royal Sun Alliance Insurance Plc [2015] EWCA Civ 92 (26 February 2015)

Conlon v Royal Sun Alliance Insurance Plc [2015] EWCA Civ 92 (26 February 2015)

The defendant's conduct was not unreasonable, and there was no basis to re-allocate the claim to the multi-track; therefore, no order for costs could be made against the defendant under the applicable rules.

Citation
[2015] EWCA Civ 92
Parties
Claimant/appellant: Mrs Louise H Conlon; Defendant/respondent: Royal Sun Alliance Insurance plc
Jurisdiction
England and Wales
Judgment Date
26 February 2015
Procedural Posture
Civil Appeal / Appeal From County Court to Court of Appeal
Outcome
Application for re-allocation dismissed; no order as to costs; judgment for claimant for the sum claimed by agreement.
Legal Topics
Credit Hire Claims, Costs in Small Claims Track, Re Allocation of Track, Mitigation of Loss, Basic Hire Rate Determination
Civil Procedure Insurance Law Credit Hire Claims Costs in Small Claims Track Re Allocation of Track Mitigation of Loss Basic Hire Rate Determination

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 5 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Mrs Louise H Conlon

Claimant/appellant

Royal Sun Alliance Insurance plc

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From County Court to Court of Appeal

Legal Issues

  1. 1 Whether the defendant's conduct was unreasonable so as to justify a costs order under CPR 27.14
  2. 2 Whether the claim should be re-allocated from the small claims track to the multi-track under CPR 26.10
  3. 3 Whether the claimant was entitled to recover the full period and rate of credit hire charges

Ratio Decidendi

The defendant's conduct was not unreasonable, and there was no basis to re-allocate the claim to the multi-track; therefore, no order for costs could be made against the defendant under the applicable rules.

Court Disposition

Application for re-allocation dismissed; no order as to costs; judgment for claimant for the sum claimed by agreement.

Orders

  • Application for re-allocation to multi-track dismissed
  • No order as to costs of the claim or appeal