The Law Reports (Appeal Cases)
[1978] AC 16
[HOUSE OF LORDS]
HOBBS RESPONDENT AND CROSS-APPELLANT AND MARLOWE APPELLANT AND CROSS-RESPONDENT
1976 Oct. 5,
6;
21
1977 Feb. 28;
March 1, 2; 31
1977 Feb. 28;
March 1, 2; 31
Cairns, Scarman and Geoffrey Lane L.JJ. Lord Elwyn-Jones L.C., Viscount Dilhorne, Lord Diplock, Lord Simon of Glaisdale and Lord Salmon
Insurance
— Subrogation
— Payment to insured under comprehensive motor policy
— Whether debarred from pursuing action against other driver
Costs
— Discretion of court
— County court
— Car accident due to defendant's negligence
— Repairs to plaintiff's car paid by insurers
— Plaintiff incurring additional uninsured expenses
— Action by plaintiff against defendant for cost of repairs and expenses
— Defendant paying sum for expenses into court
— Judgment for total claim with costs appropriate to expenses claim only
— Whether proper exercise of discretion
— Whether action for full amount misuse of process of court
—
County Court Rules 1936 (S.R. & O. 1936 No. 626 (L. 17) (as amended 1936–1975), Ord. 47, rr. 1, 5 (4)
[1]