Legg & Ors v Sterte Garage Ltd & Anor

Legg & Ors v Sterte Garage Ltd & Anor

Insurers acted predominantly in their own interests, funded and conducted the defence, and their actions were causative of claimants’ costs; claimants did not abandon the covered claim; policy construction entitled insured to indemnity for costs, and claimants succeeded to those rights under the 1930 Act.

Parties
Claimant/respondent: Ewart Charles Legg; Claimant/respondent: Valerie Ivena Isabel Legg; Claimant/respondent: Tina Taylor; Claimant/respondent: Tracey Lee; Claimant/respondent: Francis Lee; Claimant/respondent: Eileen Porter; Claimant/respondent: Julie Ann Dorey; First Defendant: Sterte Garage Limited; Second Defendant/appellant: Aviva UK Limited
Jurisdiction
England and Wales
Judgment Date
23 February 2016
Procedural Posture
Civil Appeal / Appeal From County Court Final Costs Order
Outcome
Appeal dismissed
Legal Topics
Non Party Costs Orders, Indemnity Under Insurance Policy, Pollution Exclusion Clauses, Third Party (rights Against Insurers) Act 1930
Insurance Law Civil Procedure Non Party Costs Orders Indemnity Under Insurance Policy Pollution Exclusion Clauses Third Party (rights Against Insurers) Act 1930

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 3 Authorities cited 8 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Ewart Charles Legg

Claimant/respondent

Valerie Ivena Isabel Legg

Claimant/respondent

Tina Taylor

Claimant/respondent

Tracey Lee

Claimant/respondent

Francis Lee

Claimant/respondent

Eileen Porter

Claimant/respondent

Julie Ann Dorey

Claimant/respondent

Sterte Garage Limited

First Defendant

Aviva UK Limited

Second Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From County Court Final Costs Order

Legal Issues

  1. 1 Whether insurers should be liable for costs under section 51(3) of the Senior Courts Act 1981
  2. 2 Whether claimants succeeded to insured’s rights under Third Party (Rights Against Insurers) Act 1930
  3. 3 Construction of insurance policy regarding indemnity for costs

Ratio Decidendi

Insurers acted predominantly in their own interests, funded and conducted the defence, and their actions were causative of claimants’ costs; claimants did not abandon the covered claim; policy construction entitled insured to indemnity for costs, and claimants succeeded to those rights under the 1930 Act.

Court Disposition

Appeal dismissed

Orders

  • Insurers to pay claimants’ costs of proceedings