Hobbs v Marlowe

Subject Matter

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 (as amended 1936–1975), Ord 47, rr 1 5 (4)

[1978] AC 16; [1977] 2 WLR 777

INSURANCE — Subrogation — Payment to insured under comprehensive motor policy — Whether debarred from pursuing action against other driver

[1978] AC 16; [1977] 2 WLR 777

Commentary

Blackstones Civil Practice 2023
General Principles - Misconduct by the successful party - Principles 68.16