Source: All England Reporter
Publisher Citation: [2016] All ER (D) 167 (Oct)
Neutral Citation: [2016] EWHC 2611 (Comm)
Court: Queen's Bench Division, Commercial Court

Popplewell J

Representation Colin West (instructed by Ince & Co) for Transocean.
  John McCaughran QC & Laurence Emmett (instructed by Herbert Smith Freehills) for Providence.
Judgment Dates: 20 October 2016


Costs - Order for costs - Offer to settle - CPR Pt 36 offer - || Court previously finding defendant liable to claimant for 100% of her damages despite failure on second limb of claim - Claimant succeeding in claim for breach of contract against defendant - Claimant contending judgment in Court of Appeal, Civil Division being more advantageous to claimant than claimant's Pt 36 offer to settle which defendant rejected - Whether cost consequences to be applied - Relevant principles to be applied in determining whether Pt 36 consequences unjust - CPR 36.14.

The Case

Costs Order for costs. The Commercial Court ruled that CPR 36 had been engaged such that costs consequences applied in circumstances where the claimant in a breach of contract claim had been awarded a sum that was in excess of the sum it had offered to accept from the defendant in a Pt36 offer. The court considered the relevant principles in determining whether Pt36 consequences were unjust and held that it would be unjust for the full Pt 36 consequences to follow in the present case. Accordingly, the defendant was ordered to pay the claimant's costs from the day after the Pt 36 offer had expired, but without the other Pt 36 consequences.

Practice Areas

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