Source: All England Reporter
Publisher Citation: [2005] All ER (D) 168 (Nov)
Neutral Citation: [2005] EWHC 2441 (QB)
Court: Queen's Bench Division

Jack J

Representation Andrew Sutcliffe QC (instructed by Parker Bullen) for the claimant.
  Philip Moser (instructed by Beachcroft Wansbroughs) for the defendants.
Judgment Dates: 11 November 2005


Costs - Order for costs - Discretion - Offer - First defendant making offer to settle in global sum inclusive of costs shortly before trial - Claimant rejecting offer - First defendant probably beating offer - Whether claimant to be denied proportion of his costs - CPR, SI 1998/3132, r 44.3.

The Case

In the circumstances of the case, the claimant's refusal to accept an offer to settle for a global sum inclusive of costs made by the first defendant shortly before trial was reasonable, and that refusal should not have costs consequences for the claimant.

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