Source: All England Reporter
Publisher Citation: [2002] All ER (D) 200 (Jul)
Neutral Citation: [2002] EWCA Civ 997
Court: Court of Appeal, Civil Division

Peter Gibson, Potter LJJ and Sir Murray Stuart-Smith

Representation Peter Brunner (instructed by Cleaver Thompson, Alfreton) for the claimants.
  Neil Mendoza (instructed by Ward Haddaway, Newcastle-upon-Tyne) for the defendants.
Judgment Dates: 12 July 2002


Costs - Order for costs - Indemnity costs - Power to award indemnity costs where defendant failing to beat claimant's Pt 36 offer - Offer including term as to costs - Whether that part of Pt 36 offer relating to costs could be taken into account when deciding whether judgment was more advantageous than proposals contained in offer - CPR 36.1(2), 36.14, 36.21 - CPR PD 36, paras 7.2, 7.5

The Case

A term as to costs was not within the scope of a Pt36 offer, but that conclusion did not mean that a claimant could not make an offer which included a term as to costs, since CPR36.1(2) stated that nothing in Pt 36 prevented a party from making an offer to settle in whatever way he chose. However, nothing in CPR36.1(2) permitted a party to include a term as to costs as part of a Pt36 offer for the purpose of obtaining an order for costs on an indemnity basis.

Practice Areas

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