Bent v Highways and Utilities Construction & Anor [2011] EWCA Civ 1539 (13 December 2011)

Bent v Highways and Utilities Construction & Anor [2011] EWCA Civ 1539 (13 December 2011)

Mr Bent was the overall winner in the proceedings; therefore, H&A should pay 50% of his costs on the first appeal on the standard basis. The Part 36 offer consequences apply: indemnity costs and enhanced interest from the relevant date, as it is not unjust to do so. Interest on the sum to be repaid by Mr Bent is to be at base rate plus 1%.

Citation
[2011] EWCA Civ 1539
Parties
Appellant: Darren Bent; First Respondent: Highways and Utilities Construction; Second Respondent: Allianz Insurance
Jurisdiction
England and Wales
Judgment Date
13 December 2011
Procedural Posture
Civil Appeal / Costs Determination Following Appeal
Outcome
Costs order in favour of Mr Bent with specified apportionment and interest; Part 36 consequences applied; repayment of specified sum with interest by Mr Bent.
Legal Topics
Costs, Part 36 Offers, Interest on Costs, Assessment of Costs
Civil Procedure Insurance Law Costs Part 36 Offers Interest on Costs Assessment of Costs

Case Brief

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Parties

Darren Bent

Appellant

Highways and Utilities Construction

First Respondent

Allianz Insurance

Second Respondent

Procedural Posture

Civil Appeal / Costs Determination Following Appeal

Legal Issues

  1. 1 Who should pay the costs of the first appeal?
  2. 2 Should effect be given to the claimant's Part 36 offer of 2 February 2009, and if so, how?

Ratio Decidendi

Mr Bent was the overall winner in the proceedings; therefore, H&A should pay 50% of his costs on the first appeal on the standard basis. The Part 36 offer consequences apply: indemnity costs and enhanced interest from the relevant date, as it is not unjust to do so. Interest on the sum to be repaid by Mr Bent is to be at base rate plus 1%.

Court Disposition

Costs order in favour of Mr Bent with specified apportionment and interest; Part 36 consequences applied; repayment of specified sum with interest by Mr Bent.

Orders

  • H&A to pay costs of county court proceedings, including retrial, and costs of the appeal.
  • H&A to pay 50% of Mr Bent's costs on the first appeal on the standard basis.