Contractors employed by the defendant had wrongfully cut down trees on the claimant’s land. The defendant had offered to settle the plaintiff’s claim with interest. The claimant did not accept the offer.
Held: The judge had not made allowance for the offer because it had not been followed by a payment in. The rules gave no guidance as to how the judge’s discretion should be exercised in such cases. This approach was incorrect where the offer was in good faith from a company which was solvent.
Judges:
Lord Justice Auld Lord Justice Dyson
Citations:
[2005] EWCA Civ 854, Times 26-Jul-2005
Links:
Statutes:
Jurisdiction:
England and Wales
Civil Procedure Rules, Costs
Updated: 01 July 2022; Ref: scu.228414
