O - Offers to settle
24/7/17
JORDAN v MGN LTD [2017] EWHC 1937 (Ch)
The claimant accepted the defendant’s CPR Part 36 offer on the eve of trial over 2 years after it was made. The claimant was ordered to pay the defendant’s costs on the indemnity basis since expiry of the relevant period for acceptance of the offer.
10/7/15
MVN v LONDON BOROUGH OF GREENWICH [2015] EWHC 2663 (Admin)
A CPR Part 36 offer to accept everything the claimant was claiming (a so-called ‘total capitulation offer’) was not a Part 36 Offer but a tactical ploy and so the claimant was not entitled to enhanced costs and interest.
27/6/14
SUPERGROUP PLC v JUSTENOUGH SOFTWARE CORP INC [2014] EWHC (Comm)
No specific form has to be used to withdraw a Part 36 offer. Written notice stating that the offer is withdrawn is sufficient.
24/6/14
SHAW v MERTHYR TYDFIL COUNTY BOROUGH [2014] EWCA Civ 1678; [2015] PIQR P8
Although the claimant had made an offer to settle her claim for less than she was awarded at trial, the offer had not been a Part 36 Offer principally because acceptance was time-limited and the letter failed to state it was intended to have the consequences specified in Part 36. The judge had been right to hold that in those circumstances the letter did not have the costs consequences specified in Part 36.
26/3/14
NEWLAND SHIPPING & FORWARDING LTD v TOBA TRADING FZC [2014] EWHC 864 (Comm)
The court considered the appropriate costs order where both claim and counterclaim succeeded. A CPR Part 36 offer made before two claims had been de-coupled, ceased to be effective once the claims had been separated into two actions.
24/7/13
HAMMERSMATCH PROPERTIES (WELWYN) LTD v SAINT-GOBAIN CERAMICS & PLASTICS LTD [2013] EWHC 2227 (TCC)
Although the defendant’s Part 36 offer was nearly but not quite sufficient to beat the sum awarded to the claimant, that could not alter the costs consequences. Dicta to the contrary in Multiplex Construction (UK) Ltd v Cleveland Bridge UK Ltd (2008) should not be applied. But if a party unreasonably refused to negotiate, that could be taken into account under CPR r 44.2(4)(a).
7/2/13
SUTTON JIGSAW TRANSPORT LTD v CROYDON LONDON BOROUGH COUNCIL, QBD
A CPR Part 36 offer had not been accepted by letter to the offeror's address for acceptance before the offer had been withdrawn.
23/11/12
VIRGIN ATLANTIC AIRWAYS LTD v JET AIRWAYS (INDIA) LTD [2012] EWHC 3318 (Pat), [2013] 1 WLR 1005
A party cannot refer the court to part of a Part 36 offer without allowing the court to see other parts of the offer, even if those other parts relate to different proceedings. Privilege is waived in relation to the whole offer once the offer is brought to the court’s attention.
9/10/12
BEASLEY v ALEXANDER [2012] EWHC 2715 (QB), [2013] 1 WLR 762
Since by CPR r 36.13(2) the court cannot be told of a Part 36 offer until the case has been decided, where there is a split trial on liability and quantum, costs cannot be decided until quantum has been determined.
10/5/12
PHI GROUP LTD v ROBERT WEST CONSULTING LTD [2012] EWCA Civ 588
An offer which did not specify any period within which, if the offer was accepted, the defendant would be liable for the claimant's costs as required by CPR r.36.2(2)(c) is not a Part 36 offer.
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