Source: All England Reporter
Publisher Citation: [2012] All ER (D) 75 (Oct)
Neutral Citation: [2012] EWHC 2715 (QB)
Court: Queen's Bench Division
Judge:

Sir Raymond Jack sitting as a judge of the High Court

Representation Richard Gregory (instructed by Fletchers Solicitors) for the claimant.
  Andrew Peebles (instructed by Greenwoods Solicitors) for the defendant.
Judgment Dates: 9 October 2012

Catchwords

Costs - Order for costs - Costs-only proceedings - Offers to settle - Split trial on liability and quantum - Claimant succeeding on liability - Parties failing to agree on costs - Defendant objecting to court making costs order on basis of Civil Procedure Rules - Claimant contending for costs order to be made notwithstanding fact that trial incomplete - Whether costs order should be made - CPR 36.

The Case

Costs Order for costs. The Queen's Bench Division held that the words 'until the case has been decided' in CPR 36 had a clear meaning and the court could not be told the position as to Part 36 offers and because of that was not in a position to deal with the costs of the case.

Practice Areas

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