Davies v Forrett and Others: QBD 23 Jun 2015

The claimant had been very severely injured as a passenger in a car (uninsured) which had attempted an overtaking manouvre past three cars. One pulled out, and the car in which he was a passenger swerved off the road and crashed. Damages were now sought against the car which had pulled out. A settlement had been all but reached with the defendant accepting some responsibility. The court now considered liability for costs.
Held: The defendant and his insurers had behaved in a way which was designed to secure an advantage to which they were not entitled, increasing costs.

Edis J
[2015] EWHC 1761 (QB)
Bailii
Citing:
CitedSanderson v Blyth Theatre Company CA 1903
Where a party sues two or more defendants and succeeds against one but fails against one or more other defendants, the court has a discretion to order the unsuccessful defendant to pay the costs of the claimant in pursuing the successful defendant . .
CitedBullock v London General Omnibus Company 1907
An order was made for the payment of the successful defendants’ costs, but with liberty to the plaintiff to include those costs in the costs of the action recoverable by the plaintiff from the unsuccessful defendant. The plaintiff had been unable . .
CitedSymphony Group Plc v Hodgson CA 4-May-1993
Nine rules were set out for allowing a costs order against someone who is not a party to the action. Such orders should be exceptional. The normal rule is that witnesses in either civil or criminal proceedings enjoy immunity from any form of civil . .
CitedIrvine v Commissioner of Police for the Metropolis, Carillion Plc, Town and Country Flooring Limited CA 3-Feb-2005
Peter Gibson LJ said: ‘There is no doubt that the jurisdiction to make a Bullock or Sanderson order has survived the introduction of the CPR, though the exercise of discretion to make such an order must be guided by the overriding objective and the . .
CitedMoon v Garrett and others CA 28-Jul-2006
The defendant appealed a finding that he was liable for the personal injury to the claimant. The claimant was employed to collect blocks and bring them to the site. He fell and injured himself.
Held: The defendant, the occupier of the land, . .

Lists of cited by and citing cases may be incomplete.

Negligence, Road Traffic, Personal Injury, Costs

Updated: 01 January 2022; Ref: scu.549417