An offer to settle must be backed by a payment into court in debt actions. The defendant here could have protected his position by a payment into court, and therefore a Calderbank offer was ineffective.
Citations:
Ind Summary 27-Jun-1994, [1996] PIQR Q110
Statutes:
Rules of the Supreme Court 22.14
Jurisdiction:
England and Wales
Cited by:
Cited – Butcher v Wolfe and Another CA 30-Oct-1998
The parties had been partners in a family farm. On dissolution there was a dispute as to apportionment of costs. An offer had been ‘without prejudice save as to costs’.
Held: Costs may be denied to a plaintiff who had received a Calderbank . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice
Updated: 01 December 2022; Ref: scu.89274