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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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COST BITES 147: WHO IS THE SUCCESSFUL PARTY? WHAT SUMS SHOULD BE DEDUCTED FOR LOSING ON CERTAIN POINTS?  DOES A CALDERBANK OFFER MATTER?

COST BITES 147: WHO IS THE SUCCESSFUL PARTY? WHAT SUMS SHOULD BE DEDUCTED FOR LOSING ON CERTAIN POINTS? DOES A CALDERBANK OFFER MATTER?

April 17, 2024 · by gexall · in Conduct, Costs, Members Content, Part 36

In South Tees Development Corporation & Anor v PD Teesport Ltd [2024] EWHC 842 (Ch) Mr Justice Rajah determined issues relating to the costs of an action where the defendant had been largely successful.  A Calderbank offer from the Defendant,…

TRIALS ON PRELIMINARY ISSUES, CALDERBANK OFFERS AND COSTS: COURT OF APPEAL REJECT SUBMISSION THAT "WOULD REPRESENT THE ANTITHESIS OF GOOD POLICY" & "REWARD BAD BEHAVIOUR"

TRIALS ON PRELIMINARY ISSUES, CALDERBANK OFFERS AND COSTS: COURT OF APPEAL REJECT SUBMISSION THAT “WOULD REPRESENT THE ANTITHESIS OF GOOD POLICY” & “REWARD BAD BEHAVIOUR”

November 29, 2021 · by gexall · in Appeals, Costs, Members Content, Part 36

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

ACCEPTING AN OFFER DURING A HEARING: CONTRACTUAL PRINCIPLES, NOT PART 36, APPLY: OFFER DID NOT LAPSE AT THE DOOR OF THE COURT

May 27, 2020 · by gexall · in Appeals, Assessment of Costs, Civil Procedure, Members Content, Part 36

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

March 16, 2016 · by gexall · in Applications, Assessment of Costs, Members Content, Part 36, Uncategorized

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A WITHDRAWN PART 36 OFFER DOES NOT ATTRACT INDEMNITY COSTS: GULATI -v- MGN

June 25, 2015 · by gexall · in Costs, Members Content, Part 36

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:

October 2, 2014 · by gexall · in Appeals, Applications, Costs, Damages, Members Content

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…

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