Bent v Highways and Utilities Construction & Anor

Bent v Highways and Utilities Construction & Anor

Mr Bent was the overall winner; H&A to pay 50% of Mr Bent’s costs on the first appeal, costs in the county court on the indemnity basis from the expiry of the Part 36 offer, and interest on costs and damages as specified. Part 36.14(3)(b) and (c) consequences apply as it is not unjust to do so.

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 After Appeal
Outcome
Costs and interest orders made in favour of Mr Bent, with directions for detailed assessment and draft order.
Legal Topics
Part 36 Offers, Costs Orders, Interest on Costs
Civil Procedure Costs Part 36 Offers Costs Orders Interest on 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 After Appeal

Legal Issues

  1. 1 Who should pay the costs of the first appeal?
  2. 2 Should effect be given to the Part 36 offer made by Mr Bent on 2 February 2009, and if so, how?

Ratio Decidendi

Mr Bent was the overall winner; H&A to pay 50% of Mr Bent’s costs on the first appeal, costs in the county court on the indemnity basis from the expiry of the Part 36 offer, and interest on costs and damages as specified. Part 36.14(3)(b) and (c) consequences apply as it is not unjust to do so.

Court Disposition

Costs and interest orders made in favour of Mr Bent, with directions for detailed assessment and draft order.

Orders

  • H&A to pay costs of county court proceedings including retrial before HHJ Plumstead.
  • H&A to pay costs of the appeal before the Court of Appeal.