Garratt v Saxby [2004] EWCA Civ 341 (18 February 2004)

Garratt v Saxby [2004] EWCA Civ 341 (18 February 2004)

The appeal was dismissed because the procedural irregularity (disclosure of the Part 36 offer) did not affect the judge's decision, and the appellate judge was entitled to find the defendant negligent based on the evidence, with contributory negligence by the claimant at 40%.

Citation
[2004] EWCA Civ 341
Parties
Claimant/respondent: Mr Andrew Garratt; Defendant/appellant: Mr Michael Saxby
Jurisdiction
England and Wales
Judgment Date
18 February 2004
Procedural Posture
Appeal (civil) / Appeal From High Court (queen's Bench Division) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Road Traffic Accident, Negligence, Contributory Negligence, Procedural Irregularity, Disclosure of Part 36 Offer, Costs Assessment
Tort Civil Procedure Road Traffic Accident Negligence Contributory Negligence Procedural Irregularity Disclosure of Part 36 Offer Costs Assessment

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Parties

Mr Andrew Garratt

Claimant/respondent

Mr Michael Saxby

Defendant/appellant

Procedural Posture

Appeal (civil) / Appeal From High Court (queen's Bench Division) to Court of Appeal

Legal Issues

  1. 1 Whether the defendant was negligent in causing the road accident
  2. 2 Whether the claimant was contributorily negligent
  3. 3 Whether disclosure of a Part 36 offer to the appeal judge constituted a serious procedural irregularity requiring the appeal to be allowed

Ratio Decidendi

The appeal was dismissed because the procedural irregularity (disclosure of the Part 36 offer) did not affect the judge's decision, and the appellate judge was entitled to find the defendant negligent based on the evidence, with contributory negligence by the claimant at 40%.

Court Disposition

Appeal dismissed

Orders

  • Respondent awarded costs assessed at £3,000 including counsel's fee