Dickinson & Ors v Tesco Plc & Ors

Dickinson & Ors v Tesco Plc & Ors

AEL was successful in obtaining permission to appeal, adduce fresh evidence, and secure retrials, thus entitled to 70% of its appeal costs, subject to detailed assessment. Retrial scope is limited strictly to the quantum of car hire recoverable; no other issues may be reopened.

Parties
Appellant: Mr Gary Dickinson; Appellant: Mr Guy Simmonds; Appellant: Mr Martin Verley; Appellant: Mr Peter Moonsam; Respondent: Tesco Plc; Respondent: Stewart Alexander Group Ltd; Respondent: Mr Chris O'Neil; Respondent: Axa Corporate Solutions Assurances SA
Jurisdiction
England and Wales
Judgment Date
19 March 2013
Procedural Posture
Civil Appeal / Post Judgment Costs Determination
Outcome
AEL awarded 70% of its appeal costs, subject to detailed assessment; retrial scope clarified and limited to hire rate quantum.
Legal Topics
Costs, Appeals, Retrial Scope
Civil Procedure Costs Appeals Retrial Scope

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Mr Gary Dickinson

Appellant

Mr Guy Simmonds

Appellant

Mr Martin Verley

Appellant

Mr Peter Moonsam

Appellant

Tesco Plc

Respondent

Stewart Alexander Group Ltd

Respondent

Mr Chris O'Neil

Respondent

Axa Corporate Solutions Assurances SA

Respondent

Procedural Posture

Civil Appeal / Post Judgment Costs Determination

Legal Issues

  1. 1 Entitlement to costs following appeal
  2. 2 Scope of retrial issues
  3. 3 Amendment of court order for clarity

Ratio Decidendi

AEL was successful in obtaining permission to appeal, adduce fresh evidence, and secure retrials, thus entitled to 70% of its appeal costs, subject to detailed assessment. Retrial scope is limited strictly to the quantum of car hire recoverable; no other issues may be reopened.

Court Disposition

AEL awarded 70% of its appeal costs, subject to detailed assessment; retrial scope clarified and limited to hire rate quantum.

Orders

  • AEL to have 70% of its costs of the appeals, subject to detailed assessment if not agreed.
  • All questions of costs on the retrials to be dealt with by the retrial judge.