Palmer v The Estate of Kevin Palmer Deceased & Ors [2008] EWCA Civ 46 (06 February 2008)

Palmer v The Estate of Kevin Palmer Deceased & Ors [2008] EWCA Civ 46 (06 February 2008)

The Court found that RSA was the true defendant in all but name, funding, controlling, and directing the defence exclusively in its own interests, with PZP having no material commercial interest in the litigation. The circumstances were sufficiently exceptional to justify a section 51 costs order against RSA.

Source-derived case information.

Citation
[2008] EWCA Civ 46
Parties
Claimant: Kylie Palmer; First Defendant/respondent: The Estate of Kevin Palmer deceased; Second Defendant/respondent: Motor Insurers' Bureau; Third Defendant: PZ Products Limited; Fourth Defendant/appellant: Royal and Sun Alliance Insurance PLC
Jurisdiction
England and Wales
Judgment Date
06 February 2008
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Non Party Costs Orders, Product Liability, Section 51 Supreme Court Act 1981, Exceptional Jurisdiction, Insurer Liability for Costs
Insurance Law Civil Procedure Non Party Costs Orders Product Liability Section 51 Supreme Court Act 1981 Exceptional Jurisdiction Insurer Liability for Costs

Source-derived case record

Summary, issues, holding and outcome

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Parties

Kylie Palmer

Claimant

The Estate of Kevin Palmer deceased

First Defendant/respondent

Motor Insurers' Bureau

Second Defendant/respondent

PZ Products Limited

Third Defendant

Royal and Sun Alliance Insurance PLC

Fourth Defendant/appellant

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether Royal and Sun Alliance Insurance PLC should be ordered to pay costs personally under section 51 of the Supreme Court Act 1981
  2. 2 Whether the insurer's conduct was motivated exclusively or predominantly by its own interests
  3. 3 Whether circumstances were sufficiently exceptional to justify a non-party costs order

Ratio Decidendi

The Court found that RSA was the true defendant in all but name, funding, controlling, and directing the defence exclusively in its own interests, with PZP having no material commercial interest in the litigation. The circumstances were sufficiently exceptional to justify a section 51 costs order against RSA.

Court Disposition

Appeal dismissed

Orders

  • Royal and Sun Alliance Insurance PLC ordered to pay costs personally incurred by Kylie Palmer, the estate of Kevin Palmer, and the Motor Insurers' Bureau after 1 September 2003