One party had made a formal offer of settlement under the Rules, which had been declined, but the offer made was more favourable to him than the order which had eventually made.
Held: The rejecting party should normally pay costs on an indemnity basis and interest at a higher rate as from the date of rejection. This might be avoided where the rejecting party persuaded the court that it had a proper reason for the rejection for example its own inability to assess the claim because of the failure of the offering party to make adequate disclosure.
Judges:
Aikens J
Citations:
Times 27-Dec-2002, Gazette 30-Jan-2003, [2002] EWHC 2210 (Comm), [2003] 1 Lloyd’s Rep 1
Links:
Costs, Civil Procedure Rules
Updated: 07 June 2022; Ref: scu.178935
