DSM Demolition Ltd v O'Driscoll [2002] EWCA Civ 184 (8 February 2002)

DSM Demolition Ltd v O'Driscoll [2002] EWCA Civ 184 (8 February 2002)

Permission to appeal is granted as the claimant should be entitled to put its argument to the full court regarding the admissibility of the without prejudice letter in the costs decision.

Citation
[2002] EWCA Civ 184
Parties
Claimant/applicant: DSM Demolition Limited; Defendant/respondent: Michael O'Driscoll (M O'Driscoll Limited)
Jurisdiction
England and Wales
Judgment Date
08 February 2002
Procedural Posture
Civil Appeal / Application for Permission to Appeal (costs Decision)
Outcome
Permission to appeal allowed
Legal Topics
Costs, Without Prejudice Communications, CPR Part 36
Civil Procedure Costs Without Prejudice Communications CPR Part 36

Case Brief

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Parties

DSM Demolition Limited

Claimant/applicant

Michael O'Driscoll (M O'Driscoll Limited)

Defendant/respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal (costs Decision)

Legal Issues

  1. 1 Whether the judge was entitled to take into account a without prejudice letter not marked as to costs when deciding costs
  2. 2 Appropriate material to be considered under CPR Part 36 in costs decisions

Ratio Decidendi

Permission to appeal is granted as the claimant should be entitled to put its argument to the full court regarding the admissibility of the without prejudice letter in the costs decision.

Court Disposition

Permission to appeal allowed

Orders

  • Stay on detailed assessment of defendant's costs until hearing of the appeal or further order
  • Costs of application to be costs in the appeal