||All England Reporter
|| All ER (D) 145 (Jun)
|| EWCA Civ 843
||Court of Appeal, Civil Division
Arden, Tomlinson and Davis LJJ
||Simon Browne QC and Andrew Ayres (instructed by Norton Rose) for the claimant.
||Andrew Thompson (instructed by Jeffery Green Russell) for the defendants.
||22 June 2012
Costs - Order for costs - Indemnity costs - Defendants making offer to settle - Offer to settle specifically stating not a CPR Pt 36 offer - Defendants ultimately succeeding in action - Judge awarding claimants indemnity costs by analogy to CPR Pt 36 - Defendants appealing order - Whether judge erring - CPR Pt 36, CPR 44.3.
Costs Order for costs. The Court of Appeal, Civil Division, held that a judge, in finding that the costs of the defendants should be on an indemnity basis by analogy to CPRPt36, had erred, since no CPRPt36 offer had been made and nor had there been any unreasonable conduct to attract indemnity costs under CPR44.3(4)(c).
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