Hunt v Severs

Parliamentary Archives,
HL/PO/JU/18/254

Hunt (now Severs) (A.P.) (Respondent)

v.
Severs (Appellant)

JUDGMENT

Die Jovis 28° Aprilis 1994

Upon Report from the Appellate Committee to whom was
referred the Cause Hunt (now Severs) against Severs, That the
Committee had heard Counsel as well on Monday the 28th day of
February last as on Tuesday the 1st day of March last upon the
Petition and Appeal of David Severs of Willow End, Chapel Lane,
Long Marston, near Tring, Hertfordshire, praying that the matter
of the Order set forth in the Schedule thereto, namely an Order
of Her Majesty's Court of Appeal of the 12th day of May 1993,
might be reviewed before Her Majesty the Queen in Her Court of
Parliament and that the said Order might be reversed, varied or
altered or that the Petitioner might have such other relief in
the premises as to Her Majesty the Queen in Her Court of
Parliament might seem meet; as upon the case of Katherine
Elizabeth Hunt (now Severs) lodged in answer to the said Appeal;
and due consideration had this day of what was offered on either
side in this Cause:

It is Ordered and Adjudged, by the Lords Spiritual and
Temporal in the Court of Parliament of Her Majesty the Queen
assembled, That the said Order of Her Majesty's Court of Appeal
of the 12th day of May 1993 complained of in the said Appeal be,
and the same is hereby, Set Aside and that the Order of Mr.
Latham Q.C. (sitting as a Deputy High Court Judge) of the 15th
day of April 1992 be, and the same is hereby, so Varied that the
amount of damages be reduced by £89,936: And it is further
Ordered. That the Respondent do pay or cause to be paid to the
said Appellant the Costs incurred by him in the Court of Appeal
and in respect of the said Appeal to this House, the total amount
thereof not to exceed £20,000 and the amount of such Costs in
this House to be certified by the Clerk of the Parliaments if not
agreed between the parties: And it is also further Ordered. That
the costs of the Respondent be taxed in accordance with the Legal
Aid Act 1988: And it is also further Ordered. That the Cause be,
and the same is hereby, remitted back to the Queen's Bench
Division of the High Court of Justice to do therein as shall be
just and consistent with this Judgment.

Cler: Parliamentor:

Judgment: 28 April 1994

HOUSE OF LORDS

HUNT (NOW SEVERS) (A.P.)
(RESPONDENT)

v.

SEVERS
(APPELLANT)

Lord Keith
Lord Bridge of Harwich
Lord Jauncey of Tullichettle
Lord Browne-Wilkinson
Lord Nolan

LORD KEITH OF KINKEL

My Lords,

For the reasons given in the speech prepared by my noble and learned
friend, Lord Bridge of Harwich, which I have read in draft and with which
I agree, I would allow this appeal and make the order he proposes.

LORD BRIDGE OF HARWICH

My Lords,

A plaintiff who…