| Source: | All England Reporter |
| Publisher Citation: | [2005] All ER (D) 107 (Jul) |
| Neutral Citation: | [2005] EWCA Civ 854 |
| Court: | Court of Appeal, Civil Division |
| Judge: | Auld and Dyson LJJ |
| Representation | Leslie Blohm (instructed by Davis Wood) for the claimants. |
| Mark Simpson (instructed by Osborne Clarke) for the defendant. | |
| Judgment Dates: | 11 July 2005 |
Catchwords
Costs - Order for costs - Discretion - Payment into court - Effect of offer to settle without payment in - CPR Pt 36.
The Case
Whilst there was no doubt that an offer by a defendant to settle a money claim would not automatically have the costs consequences set out in CPR 36.20(2) unless it had been made by way of a Pt 36 payment, CPR 36.1(2) and CPR 44.3(4)(c) expressly provided that the court could exercise its discretion to order that an offer not made in accordance with Pt 36 should have those consequences.
Practice Areas
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