AB v CD & Ors [2011] EWHC 602 (Ch) (07 March 2011)

AB v CD & Ors [2011] EWHC 602 (Ch) (07 March 2011)

The claimant's offer was not a valid Part 36 offer as it lacked any real concession and was effectively a demand for total capitulation; thus, the claimant is not entitled to the favourable costs consequences under CPR 36.14. The defendants' offer was a valid Part 36 offer; however, as the proceedings are split and quantum is outstanding, costs incurred since expiry of the defendants' offer must be reserved until the conclusion of the quantum stage.

Citation
[2011] EWHC 602 (Ch)
Parties
Claimant: AB; Defendants: CD and others
Jurisdiction
England and Wales
Judgment Date
07 March 2011
Procedural Posture
Intellectual Property (trade Mark Infringement) Claim With Counterclaim / Post Liability Split Trial, Costs Ruling on CPR Part 36 Offers
Outcome
Claimant's Part 36 offer held invalid; defendants' Part 36 offer held valid; costs since expiry of defendants' offer reserved until after quantum trial.
Legal Topics
CPR Part 36 Offers, Costs Consequences, Split Trials, Trade Mark Infringement
Civil Procedure Intellectual Property CPR Part 36 Offers Costs Consequences Split Trials Trade Mark Infringement

Case Brief

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Parties

AB

Claimant

CD and others

Defendants

Procedural Posture

Intellectual Property (trade Mark Infringement) Claim With Counterclaim / Post Liability Split Trial, Costs Ruling on CPR Part 36 Offers

Legal Issues

  1. 1 Whether the claimant's offer was a valid Part 36 offer for costs purposes
  2. 2 Whether the defendants' offer was a valid Part 36 offer for costs purposes
  3. 3 Whether disclosure obligations affect the validity of a Part 36 offer

Ratio Decidendi

The claimant's offer was not a valid Part 36 offer as it lacked any real concession and was effectively a demand for total capitulation; thus, the claimant is not entitled to the favourable costs consequences under CPR 36.14. The defendants' offer was a valid Part 36 offer; however, as the proceedings are split and quantum is outstanding, costs incurred since expiry of the defendants' offer must be reserved until the conclusion of the quantum stage.

Court Disposition

Claimant's Part 36 offer held invalid; defendants' Part 36 offer held valid; costs since expiry of defendants' offer reserved until after quantum trial.

Orders

  • Claimant not entitled to favourable costs consequences under CPR 36.14 based on its offer.
  • Costs incurred since expiry of defendants' Part 36 offer (19 August 2010), including trial on liability, reserved until conclusion of quantum trial.