Williams v Devon County Council [2003] EWHC 9031 (Costs) (18 March 2003)

Williams v Devon County Council [2003] EWHC 9031 (Costs) (18 March 2003)

The court held that only the amount of recoverable benefits relating to past loss of earnings and interest can be set off, and not against the general damages. If a miscalculation by the compensator affects the general damages, the court must exercise discretion to ensure the claimant receives the full value of general damages.

Citation
[2003] EWHC 9031 (Costs)
Parties
Claimant: Williams; Defendant: Devon County Council
Jurisdiction
England and Wales
Judgment Date
18 March 2003
Procedural Posture
Costs Appeal / Court of Appeal
Outcome
appeal allowed in part
Legal Topics
Part 36 Offers, Recoverable Benefits, Set Off, Damages Calculation
Civil Procedure Social Security Law Part 36 Offers Recoverable Benefits Set Off Damages Calculation

Case Brief

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Parties

Williams

Claimant

Devon County Council

Defendant

Procedural Posture

Costs Appeal / Court of Appeal

Legal Issues

  1. 1 How Part 36 offers interact with certificates of recoverable benefit under the Social Security (Recovery of Benefits) Act 1997
  2. 2 Proper application of Section 8(3) of the 1997 Act regarding set-off against damages

Ratio Decidendi

The court held that only the amount of recoverable benefits relating to past loss of earnings and interest can be set off, and not against the general damages. If a miscalculation by the compensator affects the general damages, the court must exercise discretion to ensure the claimant receives the full value of general damages.

Court Disposition

appeal allowed in part

Orders

  • Court clarified the correct application of set-off under Section 8(3) of the 1997 Act
  • Suggested reconsideration of Rule 36.23 wording