Source: All England Reporter
Publisher Citation: [2002] All ER (D) 304 (Oct)
Court: Chancery Division

Jacob J

Representation David Kitchin QC and Guy Burkhill QC (instructed by Olswang) for the claimant.
  Christopher Floyd QC and Mark Vanhegan (instructed by Weightmans) for the defendant.
Judgment Dates: 21 October 2002


Practice and procedure - Costs - Assessment - Assessment of costs following settlement - CPR 36.13(4).

The Case

On the proper construction of CPR36.13(4), the court did not have a discretion to award costs on an indemnity basis when there had been a CPR Pt 36 settlement. An offer made under that provision could either be accepted and costs paid on a standard basis or it could be rejected outright.

Practice Areas

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