Haiselden v P & O Properties Ltd [1998] EWCA Civ 773 (5 May 1998)

Haiselden v P & O Properties Ltd [1998] EWCA Civ 773 (5 May 1998)

The court held that the reference to arbitration was automatic under Order 19, and the plaintiff should not be deprived of cost protection due to a court error; the judge erred in awarding Scale 1 costs, and the plaintiff's liability should be limited to costs recoverable in arbitration.

Citation
[1998] EWCA Civ 773
Parties
Plaintiff/appellant: Stephen Haiselden; Defendant/respondent: P & O Properties Limited
Jurisdiction
England and Wales
Judgment Date
05 May 1998
Procedural Posture
Appeal From County Court (personal Injury Claim) / Appeal Judgment
Outcome
Appeal allowed; costs order substituted to limit plaintiff's liability to arbitration costs.
Legal Topics
Small Claims Arbitration, Costs Orders, County Court Procedure
Civil Procedure Personal Injury Small Claims Arbitration Costs Orders County Court Procedure

Case Brief

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Parties

Stephen Haiselden

Plaintiff/appellant

P & O Properties Limited

Defendant/respondent

Procedural Posture

Appeal From County Court (personal Injury Claim) / Appeal Judgment

Legal Issues

  1. 1 Whether the claim should have been automatically referred to arbitration under County Court Rules Order 19
  2. 2 Whether the trial judge had discretion to award Scale 1 costs instead of fixed arbitration costs
  3. 3 Whether the court's procedural error deprived the plaintiff of cost protection

Ratio Decidendi

The court held that the reference to arbitration was automatic under Order 19, and the plaintiff should not be deprived of cost protection due to a court error; the judge erred in awarding Scale 1 costs, and the plaintiff's liability should be limited to costs recoverable in arbitration.

Court Disposition

Appeal allowed; costs order substituted to limit plaintiff's liability to arbitration costs.

Orders

  • Plaintiff's liability for costs limited to those recoverable in arbitration.
  • Plaintiff entitled to seek return of £100 setting down fee.