Rehill v Rider Holdings Ltd
15/01/2014: Lewison LJ, Floyd LJ 16/05/2012: Ward LJ, Richards LJ, Patten LJ;
 EWCA Civ 42 CA (Civ Div); and  EWCA Civ 628 (Civ Div).
Taking over the brief to represent D at trial. C was hit by a bus and, by the time it stopped, its front wheel had gone over him, causing serious crush injuries. D’s bus driver pleaded guilty to careless driving and D had admitted liability for an incident in which C had been struck and run over by their bus.
At trial, D successfully applied to resile from the admission and argued around the conviction.
At first instance, the Recorder found that D’s driver should have seen C step off the kerb and further found that, as the speed of bus was only 4mph, if the driver had braked the bus wheel would not have gone over C. The Recorder apportioned liability 70 / 30 in C’s favour.
D successfully appealed. The CA increased contributory negligence to 50%.
D had made a number of Part 36 offers, including one for £75,000 prior to proceedings being commenced. All D’s offers were withdrawn. C got damages after apportionment of liability of £17,500.
The case returned to the CA on costs.
D accepted that the automatic consequences of Part 36 could not apply to withdrawn offers. However, the offers were admissible offers and should be have been considered within r. 44(3). C had not been reasonable in refusing those offers.
C ordered to pay D’s costs from November 2007 (the litigation having commenced formally in July 2008).