Dickinson & Ors v Tesco Plc & Ors [2013] EWCA Civ 226 (19 March 2013)

Dickinson & Ors v Tesco Plc & Ors [2013] EWCA Civ 226 (19 March 2013)

AEL was successful in obtaining permission to adduce fresh evidence and retrials; therefore, AEL is entitled to 70% of its costs of the appeals, subject to detailed assessment. Retrials are limited strictly to the issue of the quantum of car hire recoverable; no other issues may be reopened.

Citation
[2013] EWCA Civ 226
Parties
Applicant/appellant: Mr Gary Dickinson; Applicant/appellant: Mr Guy Simmonds; Applicant/appellant: Mr Martin Verley; Applicant/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
Appeal / Post Judgment Costs Determination
Outcome
Appeals allowed; retrials ordered; costs determined.
Legal Topics
Appeals, Retrial, Recoverable Hire Rate, Costs Orders
Civil Procedure Costs Appeals Retrial Recoverable Hire Rate Costs Orders

Case Brief

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Parties

Mr Gary Dickinson

Applicant/appellant

Mr Guy Simmonds

Applicant/appellant

Mr Martin Verley

Applicant/appellant

Mr Peter Moonsam

Applicant/appellant

Tesco Plc

Respondent

Stewart Alexander Group Ltd

Respondent

Mr Chris O'Neil

Respondent

Axa Corporate Solutions Assurances SA

Respondent

Procedural Posture

Appeal / Post Judgment Costs Determination

Legal Issues

  1. 1 Entitlement to costs following appeal and retrial order
  2. 2 Scope of issues to be reargued at retrial

Ratio Decidendi

AEL was successful in obtaining permission to adduce fresh evidence and retrials; therefore, AEL is entitled to 70% of its costs of the appeals, subject to detailed assessment. Retrials are limited strictly to the issue of the quantum of car hire recoverable; no other issues may be reopened.

Court Disposition

Appeals allowed; retrials ordered; costs determined.

Orders

  • AEL to be added as party for costs purposes.
  • AEL awarded 70% of its costs of the appeals, subject to detailed assessment on standard basis if not agreed.