||All England Reporter
|| All ER (D) 107 (Jul)
|| EWCA Civ 854
||Court of Appeal, Civil Division
Auld and Dyson LJJ
||Leslie Blohm (instructed by Davis Wood) for the claimants.
||Mark Simpson (instructed by Osborne Clarke) for the defendant.
||11 July 2005
Costs - Order for costs - Discretion - Payment into court - Effect of offer to settle without payment in - CPR Pt 36.
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.
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