Mckeown v Langer: CA 26 Nov 2021

In litigation where there are split issues (such as liability preceding quantum), where no offer to settle the litigation under CPR Part 36 has been made, and where one party makes a without prejudice save as to costs offer covering the entirety of the litigation (‘a Calderbank offer’) how might the discretion as to costs under CPR 44.2 be exercised? In particular, where the judge is aware of the existence of the Calderbank offer but unaware of the date it was made, or as to its terms, is the judge, in effect, bound to treat such an offer as equivalent to an offer under CPR 36 and defer a ruling on costs until the conclusion of all stages of the litigation?

Lord Justice Lewison, Lord Justice Green And Lord Justice Nugee
[2021] EWCA Civ 1792
Bailii
Civil Procedure Rules 36 44.2
England and Wales

Costs

Updated: 05 December 2021; Ref: scu.670079