Williams v Devon County Council [2003] EWCA Civ 365 (18 March 2003)

Williams v Devon County Council [2003] EWCA Civ 365 (18 March 2003)

The trial judge erred in finding contributory negligence because the appellant had no reason to anticipate the obstruction; the costs order was also wrong because the Part 36 payment was not properly calculated in accordance with s.8 of the Act, and thus the appellant was entitled to her full damages and costs.

Citation
[2003] EWCA Civ 365
Parties
Appellant: Helen Williams; Respondent: Devon County Council; Intervener: Secretary of State for Work and Pensions
Jurisdiction
England and Wales
Judgment Date
18 March 2003
Procedural Posture
Personal Injury Appeal / Appeal From County Court Judgment
Outcome
Appeal allowed
Legal Topics
Contributory Negligence, Damages Assessment, Costs Orders, Social Security (recovery of Benefits) Act 1997, CPR Part 36 Payments
Personal Injury Civil Procedure Social Security Law Contributory Negligence Damages Assessment Costs Orders Social Security (recovery of Benefits) Act 1997 CPR Part 36 Payments

Case Brief

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Parties

Helen Williams

Appellant

Devon County Council

Respondent

Secretary of State for Work and Pensions

Intervener

Procedural Posture

Personal Injury Appeal / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether the appellant was contributorily negligent in her workplace accident
  2. 2 Whether the damages for pain, suffering and loss of amenity were adequate
  3. 3 Whether the costs order following a Part 36 payment was correct in light of the Social Security (Recovery of Benefits) Act 1997

Ratio Decidendi

The trial judge erred in finding contributory negligence because the appellant had no reason to anticipate the obstruction; the costs order was also wrong because the Part 36 payment was not properly calculated in accordance with s.8 of the Act, and thus the appellant was entitled to her full damages and costs.

Court Disposition

Appeal allowed

Orders

  • Appellant entitled to full damages of £34,587.58
  • Appellant entitled to costs of trial and appeal, assessed on standard basis until 28 November 2002 and thereafter on indemnity basis, subject to detailed assessment if not agreed