Williams v Devon County Council

Williams v Devon County Council

The trial judge erred in finding contributory negligence against the appellant as there was no evidence she should have anticipated the hazard; the Part 36 payment was not properly calculated in accordance with section 8 of the Act, and thus the appellant was entitled to the full damages and costs. The compensator must ensure that the Part 36 payment calculation does not impinge on general damages, and the burden of appealing any excess in the recoverable benefits certificate lies with the compensator, not the claimant.

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

Case Brief

Summary, issues, holding and outcome

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Parties

Helen Williams

Appellant

Devon County Council

Respondent

Secretary of State for Work and Pensions

Interested Party

Procedural Posture

Civil Appeal / Appeal From Trial Judgment

Legal Issues

  1. 1 Whether the trial judge erred in finding contributory negligence against the appellant
  2. 2 Whether the damages for pain, suffering and loss of amenity were adequate (not pursued on appeal)
  3. 3 Whether the judge was wrong to order the appellant to pay costs after the Part 36 payment

Ratio Decidendi

The trial judge erred in finding contributory negligence against the appellant as there was no evidence she should have anticipated the hazard; the Part 36 payment was not properly calculated in accordance with section 8 of the Act, and thus the appellant was entitled to the full damages and costs. The compensator must ensure that the Part 36 payment calculation does not impinge on general damages, and the burden of appealing any excess in the recoverable benefits certificate lies with the compensator, not the claimant.

Court Disposition

Appeal allowed

Orders

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