Bent v Highways and Utilities Construction & Anor

Facts

Darren Bent's claim against Highways and Utilities Construction and its insurer Allianz Insurance concerned the recovery of credit hire charges, in particular the Basic Hire Rate recoverable by him. Before trial he had received an interim payment of £36,618.76, and on 2 February 2009 he made a Part 36 offer to settle for a further £15,278 on top of that payment, which the defendants rejected. HHJ Yelton tried the claim and held that Mr Bent was entitled to a further £24,788.14. The defendants appealed successfully to the Court of Appeal ([2010] EWCA Civ 292), which set aside that judgment and ordered a retrial of the Basic Hire Rate issues, reserving the costs of the appeal to the retrial judge. The retrial took place before HHJ Plumstead in the Cambridge County Court, who adjourned the question of costs generally. Mr Bent appealed against her decision, and on 24 November 2011 the Court of Appeal handed down judgment allowing that appeal in Bent v Highways and Utilities Construction and Allianz Insurance, reported with Pattni v First Leicester Buses Limited at [2011] EWCA Civ 1384. The parties agreed several consequential matters but could not agree others, and the court directed written submissions on the outstanding costs questions.