The case had concluded. Offers of settlement had been made and the operative one included an offer on the interest payable. The court came to decide how the interest part of the offer was to be considered when assessing whether the judgment bettered the offer. It was noted that an offer on costs was to be disregarded, and it was claimed that in contradistinction, an offer relating to interest related to a central part of the matter judged.
Held: The Appellants only offered to accept what they were claiming, and the offer of a concession on the interest uplift was irrelevant. Concessions as to uplift interest should also be left out of account as for costs.
Judges:
Lord Justice Peter Gibson, Lord Justice Tuckey And Mr. Justice Nelson
Citations:
[2003] EWCA Civ 811, Times 04-Jul-2003, Gazette 11-Sep-2003, [2003] 2 All ER (Comm) 276, [2004] 1 Costs LR 18, [2003] CP Rep 57, [2003] 2 Lloyd’s Rep 455, [2003] 3 All ER 1297, [2004] 1 WLR 168
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Mitchell and Others v James and Others CA 12-Jul-2002
The defendant had made an offer including an offer that each party bear their own costs. A later action led to an order on better terms, and the claimant sought costs on an indemnity basis.
Held: The rules were generally incompatible with . .
Cited – Liesbosch Dredger (Owners of) v Owners of SS Edison, The Liesbosch HL 28-Feb-1933
The ship Edison fouled the moorings of the Liesbosch resulting in the total loss of the dredger when it sank. It had been engaged on work in the harbour under contract with the harbour board. All the owners’ liquid resources were engaged in the . .
Cited – Kiam II v MGN Ltd (2) CA 6-Feb-2002
An appeal against a damages award in a defamation case had been unsuccessful. The claimant now appealed for the award of indemnity costs. The claimant had made an offer of compromise, which had been ignored by the defendant.
Held: If a party . .
Lists of cited by and citing cases may be incomplete.
Civil Procedure Rules, Costs
Updated: 25 November 2022; Ref: scu.183638
