Daniels v The Commissioner of Police for the Metropolis [2005] EWCA Civ 1312 (20 October 2005)

Daniels v The Commissioner of Police for the Metropolis [2005] EWCA Civ 1312 (20 October 2005)

A successful defendant's refusal to negotiate or settle, or to accept a Part 36 offer, does not of itself constitute unreasonable conduct justifying a departure from the general rule on costs. Only unreasonable conduct may justify such a departure, and in this case, the defendant's conduct was not unreasonable.

Citation
[2005] EWCA Civ 1312
Parties
Claimant/appellant: Fiona Jane Daniels; Defendant/respondent: The Commissioner of Police for the Metropolis
Jurisdiction
England and Wales
Judgment Date
20 October 2005
Procedural Posture
Civil Appeal / Appeal From Central London County Court Decision on Costs
Outcome
Appeal dismissed
Legal Topics
Costs, Negligence, Offers to Settle, Conduct of Litigation
Civil Procedure Personal Injury Costs Negligence Offers to Settle Conduct of Litigation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Fiona Jane Daniels

Claimant/appellant

The Commissioner of Police for the Metropolis

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From Central London County Court Decision on Costs

Legal Issues

  1. 1 Whether the court should depart from the general rule that costs follow the event when a successful defendant refuses to negotiate or settle
  2. 2 Whether late disclosure of evidence by the defendant should affect the costs order

Ratio Decidendi

A successful defendant's refusal to negotiate or settle, or to accept a Part 36 offer, does not of itself constitute unreasonable conduct justifying a departure from the general rule on costs. Only unreasonable conduct may justify such a departure, and in this case, the defendant's conduct was not unreasonable.

Court Disposition

Appeal dismissed

Orders

  • Costs to respondent of £4,500