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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » Offers of Settlement
AN OFFER TO SETTLE THAT DOES NOT INCLUDE PROVISION FOR COSTS MAY WELL BE INEFFECTIVE: IT CERTAINLY WILL NOT LEAD TO A PETITION BEING STRUCK OUT: COURT OF APPEAL DECISION TODAY

AN OFFER TO SETTLE THAT DOES NOT INCLUDE PROVISION FOR COSTS MAY WELL BE INEFFECTIVE: IT CERTAINLY WILL NOT LEAD TO A PETITION BEING STRUCK OUT: COURT OF APPEAL DECISION TODAY

June 5, 2026 · by gexall · in Appeals, Civil Procedure, Costs, Members Content

Here we look at an argument that a petition should be struck out because the respondents had made a reasonable offer to resolve the issues between the parties.  The Court of Appeal observed that the “reasonable offer” did not include…

COST BITES 75: LIABILITY TO COSTS: RETROSPECTIVE ATTEMPT TO VARY COSTS BUDGET: WITHOUT PREJUDICE OFFER AFFECTS LIABILITY TO COSTS MADE PRIOR TO THAT OFFER

COST BITES 75: LIABILITY TO COSTS: RETROSPECTIVE ATTEMPT TO VARY COSTS BUDGET: WITHOUT PREJUDICE OFFER AFFECTS LIABILITY TO COSTS MADE PRIOR TO THAT OFFER

April 17, 2023 · by gexall · in Conduct, Costs, Costs budgeting, Members Content

 We looked at the judgment of HHJ Hodge QC (sitting as a High Court judge) in Wigan Borough Council v Scullindale Global Ltd & Ors [2021] EWHC 779 (Ch) in an earlier post on Proving Things.  There is a subsequent…

THE ASSESSMENT OF COSTS: A "NEAR MISS" OFFER IS NOT ENOUGH

THE ASSESSMENT OF COSTS: A “NEAR MISS” OFFER IS NOT ENOUGH

June 17, 2021 · by gexall · in Assessment of Costs, Costs, Members Content, Part 36

In Mullaraj v Secretary of State for the Home Department [2021] EWHC B5 (Costs) Deputy Costs Judge Campbell rejected an argument that a “different order” for costs should be made following an assessment of costs.  The paying party had made…

COSTS: "ROLLED UP" OFFER OF SETTLEMENT, INCLUDING COSTS DID NOT GIVE A DEFENDANT ANY PROTECTION

COSTS: “ROLLED UP” OFFER OF SETTLEMENT, INCLUDING COSTS DID NOT GIVE A DEFENDANT ANY PROTECTION

November 2, 2020 · by gexall · in Costs, Members Content, Part 36

The judgment of Mr Justice Freedman in Comberg v VivoPower International Services Ltd & Anor [2020] EWHC 2787 (QB) contains many interesting observations in relation to damages, mitigation and costs.  Here I want to isolate one element – the fact…

MACHISMO OR MADNESS? THE DANGERS OF MAKING A "TIME LIMITED" OFFER OR WITHDRAWING A PART 36 OFFER

MACHISMO OR MADNESS? THE DANGERS OF MAKING A “TIME LIMITED” OFFER OR WITHDRAWING A PART 36 OFFER

April 23, 2017 · by gexall · in Costs, Members Content, Part 36

There may be tactical advantages to making a “time limited” offer, or withdrawing a Part 36 offer after 21 days.  However this can backfire badly.  We have already looked at the decision in Thakkar -v- Singh [2017] EWCA 117 in…

COURT OF APPEAL: REFUSAL TO ENGAGE WITH AN OPEN OFFER  OF SETTLEMENT IS AN ABUSE OF PROCESS

COURT OF APPEAL: REFUSAL TO ENGAGE WITH AN OPEN OFFER OF SETTLEMENT IS AN ABUSE OF PROCESS

March 10, 2017 · by gexall · in Appeals, Applications, Conduct, Litigants in person, Members Content, Risks of litigation

In Balk -v- Otkrite International Investment [2017] EWCA the Court of Appeal was highly critical of a litigant’s failure to respond to an open offer of settlement of appeal. The failure to engage  with an open offer of settlement amounted…

AN OFFER IS NOT AN ADMISSION: HIGH COURT REJECTS APPLICATION FOR JUDGMENT ON ADMISSIONS

October 26, 2015 · by gexall · in Admissions, Civil Procedure, Members Content, Uncategorized

The previous post looked at the decision Mr Justice Coulson in The Dorchester Group Ltd -v- Kier Construction Limited [2015] EWHC 3051 (TCC) in relation to disclosure.  Here we look at the decision in relation to the claimant’s application for…

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Recent Posts

  • COST BITES 463: HOW SHOULD A COSTS ORDER BE PHRASED: MAKING SURE THAT IT DOES NOT JUST OVER “COUNSEL STANDING ON THEIR FEET DURING THE APPLICATION”
  • WHAT HAS CIVIL LITIGATION BRIEF DONE ABOUT… INTERIM ORDERS FOR COSTS: 10 KEY POINTS AND USEFUL LINKS
  • COST BITES 462: A “TOP-HEAVY” LEGAL TEAM AND £929,000 CLAIMED IN COSTS: COURT ORDERS A PAYMENT ON ACCOUNT OF LESS THAN 50%: THE “RULE OF THUMB” OF 60% IS NO ALWAYS APPROPRIATE
  • COST BITES 461: “LOSING PARTY” SHOULD PAY COSTS AT THE END OF HEARING, DESPITE HAVING BEEN GRANTED PERMISSION TO APPEAL
  • THE CURRENT IMPORTANCE OF PLEADINGS 99: ONCE AGAIN – A BARE DENIAL WILL NOT DO: DEFENCE STRUCK OUT: “THIS RULE IS NOT A MATTER OF FORMALITY”

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COST BITES 461: "LOSING PARTY" SHOULD PAY COSTS AT THE END OF HEARING, DESPITE HAVING BEEN GRANTED PERMISSION TO APPEAL
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THE CURRENT IMPORTANCE OF PLEADINGS 99: ONCE AGAIN - A BARE DENIAL WILL NOT DO: DEFENCE STRUCK OUT: "THIS RULE IS NOT A MATTER OF FORMALITY"
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PARTIES SHOULD NOT ASSUME THAT EXTENSIONS OF TIME WILL BE GRANTED: JUDGE HIGHLY CRITICAL OF DEFENDANT'S CONDUCT OF LITIGATION

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