The defendant sought indemnity costs with interest at an enhanced rate. It had made on offer of settlement which was rejected. CEL objected that the defendant had the benefit of a conditional fee agreement.
Held: The conditional fee agreement was as to the solicitors costs, but not for counsel. Costs should be awarded on an indemnity basis. Parties should know where they stood, and whether an earlier offer had been rescinded, but too much should not be expected of a defendant merely trying to maintain the benefit of a judgment it already had, and particularly so in the case of an all or nothing appeal such as this. The conditional fee agreement had no special status at different stages.
Judges:
Waller, Hale, Carnwath LJJ
Citations:
Times 02-Jan-2004
Jurisdiction:
England and Wales
Citing:
Costs appeal – CEL Group Ltd v Nedlloyd Lines UK Ltd and Another CA 26-Nov-2003
. .
Cited – P and O Nedlloyd BV Aktieselskabet Dampskibsselskabet Svendborg v Utaniko Limited/East West Corporation (No 2) CA 19-Feb-2003
The claimants had made a Part 36 offer at first instance, but the matter was appealed. Having won at appeal they sought their costs on an indemnity basis of the appeal also.
Held: If a party wished to protect itself by a Part 36 offer, it must . .
Cited by:
See also – CEL Group Ltd v Nedlloyd Lines UK Ltd and Another CA 26-Nov-2003
. .
Lists of cited by and citing cases may be incomplete.
Costs
Updated: 11 June 2022; Ref: scu.190131