TRIALS ON PRELIMINARY ISSUES, CALDERBANK OFFERS AND COSTS: COURT OF APPEAL REJECT SUBMISSION THAT “WOULD REPRESENT THE ANTITHESIS OF GOOD POLICY” & “REWARD BAD BEHAVIOUR”
In the judgment in McKeown v Langer [2021] EWCA Civ 1792 the Court of Appeal rejected an argument that a Calderbank offer had the same effect as a Part 36 offer when a court was considering the issue of costs…
ACCEPTING AN OFFER DURING A HEARING: CONTRACTUAL PRINCIPLES, NOT PART 36, APPLY: OFFER DID NOT LAPSE AT THE DOOR OF THE COURT
Offers of settlement can, and often are, made outside the ambit of Part 36. In MEF v St George’s Healthcare NHS Trust [2020] EWHC 1300 (QB) Mr Justice Morris considered issues relating to late acceptance of offers. The case shows…
AN ATTEMPT TO LIMIT COSTS MAKES A CALDERBANK OFFER INEFFECTIVE
In Burrell -v- Clifford [2016] EWHC 578 (Ch) Mr R Spearman QC (sitting as a judge of the High Court) decided that an offer which was equivalent to the sum awarded in damages was not effective because the defendant also…
A WITHDRAWN PART 36 OFFER DOES NOT ATTRACT INDEMNITY COSTS: GULATI -v- MGN
In Gulati -v- MGN [2015] EWHC 1805 (Ch) Mr Justice Mann considered whether indemnity costs should be awarded in circumstances where a Part 36 offer was withdrawn in one case and a “Calderbank” offer made in the other. KEY POINTS…
CALDERBANK OFFER HAD NO EFFECT ON OUTCOME IN RELATION TO COSTS:
Some parties make “Calderbank” offers in place of Part 36 offers. The effect of a Calderbank offer and whether it should affect an order for costs was considered by the Court of Appeal today in Coward -v- Phaesetos [2014] EWCA…