Spring v Guardian Assurance

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

Spring (A.P.) (Appellant)

v.
Guardian Assurance plc and others (Respondents)

JUDGMENT

Die Jovis 7° Julii 1994

Upon Report from the Appellate Committee to whom was
referred the Cause Spring against Guardian Assurance plc and
others, That the Committee had heard Counsel as well on Monday
the 29th and Tuesday the 30th days of November last as on
Wednesday the 1st day of December last upon the Petition and
Appeal of Graham Spring of 9 Farriers Croft, Bussage, Stroud,
Gloucestershire, 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 17th day of December 1992, 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 Guardian Assurance plc, Corinium Holdings
Limited, Corinium Mortgage Services (Cirencester) Limited and
Guardian Royal Exchange Assurance plc 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 17th day of December 1992 complained of in the said Appeal
be, and the same is hereby, Set Aside save as to legal aid
taxation and that the Order of His Honour Judge Lever QC (sitting
as a Deputy High Court Judge) of the 20th day of December 1991
be, and the same is hereby, Restored: And it is further Ordered.
That the Cause be, and the same is hereby, remitted back to the
Court of Appeal with a direction to consider the appeal from the
said order of His Honour Judge Lever QC on the issue of
causation: And it is also further Ordered. That the Respondents
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 amount of such last-mentioned costs 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 Appellant be taxed in accordance with the Legal Aid
Act 1988.

Cler: Parliamentor:

Judgment: 7 July 1994

HOUSE OF LORDS

SPRING (A.P.)
(APPELLANT)

v.

GUARDIAN ASSURANCE PLC AND OTHERS
(RESPONDENTS)

Lord Keith of Kinkel
Lord Goff of Chieveley
Lord Lowry
Lord Slynn of Hadley
Lord Woolf

LORD KEITH OF KINKEL

My Lords,

The facts of this case are quite complex. They are set out very fully
in the judgment of Glidewell L.J. in the Court of Appeal, and it is
unnecessary to rehearse them in detail in order to…