Conlon v Royal Sun Alliance Insurance Plc

RSA did not behave unreasonably in the conduct of the proceedings, and there are no grounds to re-allocate the claim to the multi-track or to make a costs order against RSA. The application for re-allocation is dismissed and no order is made as to costs.

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 / Court of Appeal Judgment on Appeal and Application for Re Allocation
Outcome: Appeal allowed by consent as to judgment sum; application for re-allocation dismissed; no order as to costs.
Legal Topics: Credit Hire Claims, Costs in Small Claims Track, Re Allocation of Track, Mitigation of Loss

Civil Procedure Insurance Law Credit Hire Claims Costs in Small Claims Track Re Allocation of Track Mitigation of Loss

Case Brief

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Parties

Mrs Louise H Conlon

Claimant/appellant

Royal Sun Alliance Insurance plc

Defendant/respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeal and Application for Re Allocation

Legal Issues

1 Whether the defendant's behaviour was unreasonable so as to justify a costs order under CPR 27.14
2 Whether the claim should be re-allocated from the small claims track to the multi-track and whether such re-allocation should be backdated for costs purposes

Ratio Decidendi

Court Disposition

Appeal allowed by consent as to judgment sum; application for re-allocation dismissed; no order as to costs.

Orders

Order of Judge Gosnell set aside.
Judgment entered for Mrs Conlon for the sum claimed (£7,660.80).