Fox v Foundation Piling Ltd: CA 7 Jul 2011

Parties are entitled to make a Calderbank offer outside the framework of Part 36. The precise formulation of such an offer would of course depend upon the facts of a particular case, but the offer would be made without prejudice save as to costs and, unless accepted, would thus be available to the defendant when the issue of costs came to be considered by the trial judge at the end of a trial.


Ward, Moore-Bick, Jackson LJJ


[2011] EWCA Civ 790, [2011] CP Rep 41, [2011] 6 Costs LR 961




England and Wales

Cited by:

CitedFairclough Homes Ltd v Summers SC 27-Jun-2012
The respondent had made a personal injury claim, but had then been discovered to have wildly and dishonestly exaggerated the damages claim. The defendant argued that the court should hand down some condign form of punishment, and appealed against . .
CitedCherkley Campaign Ltd, Regina (on The Application of) v Mole Valley District Council and Another Admn 15-Nov-2013
Decision after successful request for judicial review of decision to grant planning permission. The respondent and interested party resisted costs orders saying that the claimant had not been successful on all points.
Held: In general the . .
Lists of cited by and citing cases may be incomplete.

Personal Injury, Costs

Updated: 15 September 2022; Ref: scu.441532