The claimant had offered to accept damages subject to a 50% finding of contributory negligence. The defendant did not accept. That was the exact order made. The claimant appealed refusal to award her costs on the standard basis to the time for acceptance of the offer and thereafter on an indemnity basis.
Held: The judge had doubted his order and asked counsel to return on the following day to consider the issue. Neither counsel could explain why the CPR should exclude an award equal to the offer. The rules should encourage appropriate offers. The court exercised its discretion and awarded costs on a standard basis up to 28 days after the claimants offer, and thereafter on an indemnity basis, together with interest on the indemnity costs.
Judges:
Bell J
Citations:
Times 13-Dec-2004, [2004] EWHC 3274 (QB), [2006] 2 Costs LR 201, [2005] PIQR P16
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Pittalis v Sherefettin CA 1986
On the day after the judge had given judgment in a county court, he decided that he had been wrong. The judge provided the party with grounds upon which he would, if not persuaded otherwise, alter his previous judgment and order. A further hearing . .
Lists of cited by and citing cases may be incomplete.
Costs, Civil Procedure Rules, Personal Injury
Updated: 12 July 2022; Ref: scu.221535