OMV Petrom Sa v Glencore International Ag: CA 27 Mar 2017

This appeal raises a straightforward but important point concerning the interest that the court may award when a claimant’s CPR Part 36 offer is rejected, but the claimant achieves a greater award at trial.
Sir Geoffrey Vos C said: ‘The parties are obliged to make reasonable efforts to settle, and to respond properly to Part 36 offers made by the other side. The regime of sanctions and rewards has been introduced to incentivise parties to behave reasonably, and if they do not, the court’s powers can be expected to be used to their disadvantage. The parties are obliged to conduct litigation collaboratively and to engage constructively in a settlement process.’

Judges:

Sir Geoffrey Vos Ch, Kitchin, Floyd LJJ

Citations:

[2017] EWCA Civ 195, [2017] WLR(D) 218, [2017] 1 WLR 3465, [2017] 2 Costs LR 287, [2017] CP Rep 24, [2017] 2 Lloyd’s Rep 93

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

Citing:

Appeal fromOMV Petrom Sa v Glencore International Ag ComC 7-Feb-2014
The claimant sought to have struck out as abuse of process parts of the defence, saying that the factual issues raised had already been resolved in arbitration proceedings, but as against a different oarty. The defendant replied that the arbitration . .
Appeal fromOMV Petrom Sa v Glencore International Ag ComC 13-Mar-2015
. .
See AlsoOMV Petrom Sa v Glencore International Ag CA 21-Jul-2016
‘This case concerns the measure of damages for deceit.’ . .
Lists of cited by and citing cases may be incomplete.

Damages, Costs

Updated: 20 November 2022; Ref: scu.581132